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21/05/2021
FI: The Supreme Administrative Court ordered reimbursement of interpretation costs because legal aid and interpretation constitute safeguards in the procedure

ECLI
ECLI:FI:KHO:2021:H1801
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
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:H1801, 21 May 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=1855
Case history
Other information
Abstract

According to the short description of the Supreme Administrative Court:


"The applicant's appeal under the Aliens Act had been heard before the administrative court in Finnish language and a decision had been made also in Finnish. The Administrative Court rejected the assistant's claim for reimbursement of the costs of interpreting in English as unfounded. According to the reasoning of the Administrative Court, the applicnat had an excellent knowledge of English and had dealt with the authorities in that language. The assistant had not claimed interpretation costs other than for follow-up, which required the assistant to be deemed to have met the applicant in English or another language they both understood.


The Supreme Administrative Court granted leave to appeal. The decision of the Administrative Court was amended so that the assistant was reimbursed for the costs of post-clearance interpretation, including VAT, from State resources.


According to section 9 (1) of the Aliens Act, the right of an alien to receive legal aid is provided for in the Legal Aid Act.


Pursuant to section 10 (1) of the Aliens Act, an interpreter has the right to use an administrative and appeal matter in accordance with the said Act.


Under section 203 of the Aliens Act, a party has the right to be informed of a decision concerning him or her in his or her mother tongue or in another language which he or she may reasonably be expected to understand. Information about the decision is given by interpretation or translation.


According to section 2 (2) of the Legal Aid Act, a person who does not have a domicile in Finland or a domicile or residence in another Member State of the European Union or a state belonging to the European Economic Area is granted legal aid if the person's case is heard in a Finnish court or there is a special reason for legal aid.


Pursuant to Section 4 (1) (2) of the Legal Aid Act, the granting of legal aid relieves the beneficiary of the obligation to pay a fee and compensation for the interpretation and translation assistance he or she needs in the proceedings.


Pursuant to section 17 (1) of the Legal Aid Act, compensation for expenses is established for a private assistant. Reimbursable expenses are provided for in Section 11 (2) of the Government Decree on the Basis of Fees for Legal Aid.


In the light of the above provisions and of the legal certainty and procedural guarantees of the applicant in the service of the decision and on appeal, the administrative court could not, on the grounds relied on, reject the fee for post-clearance interpretation as unjustified.


Country of Decision
Finland
Court Name
FI: Supreme Administrative Court [Korkein hallinto-oikeus]
Case Number
Date of Decision
21/05/2021
Country of Origin
Keywords
Asylum Procedures/Special Procedures
Interpretation/translation
Legal Aid/Legal assistance/representation
Personal Interview/ Oral hearing