Skip Ribbon Commands
Skip to main content
07/04/2021
FI: The Supreme Administrative Court examined the competence of the Finnish Immigration Service to rule on multiple subsequent applications

ECLI
ECLI:FI:KHO:2021:H1157
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Finland, Supreme Administrative Court [Korkein hallinto-oikeus], Applicant v Finnish Immigration Service, ECLI:FI:KHO:2021:H1157, 07 April 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1733
Case history
Other information
Abstract

According to the Supreme Administrative Court Brief Solutions description:


"The Finnish Immigration Service ruled on the fourth application for international protection and dismiss it as inadmissible, even though the decision of the Finnish Immigration Service on the applicant's third application was not yet final at that time. Section 102 of the Aliens Act did not provide that the validity of a decision made on the basis of a previous application would be a procedural condition for resolving a new application.


Although the appeal against the third application had subsequently been brought before the second administrative court, the administrative court had had to decide the appeal against the fourth application without transferring it to the second administrative court dealing with the third application. At the appeal stage, the competence of the Finnish Immigration Service to resolve the matter was assessed and confirmed in accordance with the situation prevailing at the time of the decision."


Country of Decision
Finland
Court Name
FI: Supreme Administrative Court [Korkein hallinto-oikeus]
Case Number
Date of Decision
07/04/2021
Country of Origin
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
First Instance determination
Subsequent Application