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31/01/2023
FI: The Supreme Administrative Court found that deficiencies in interpretation can lead to doubts on the accuracy of information as basis for the negative decision

ECLI
ECLI:FI:KHO:2023:10
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Finland, Supreme Administrative Court [Korkein hallinto-oikeus], Applicant v Finnish Immigration Service, KHO:2023:10, ECLI:FI:KHO:2023:10, 31 January 2023. 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=3156
Case history
Other information
Abstract

The case concerned an applicant from Iraq whose application for asylum, based on conversion to Christianity in Finland, was rejected by the Finnish Immigration Service. The Eastern Administrative Court in Finland organised an oral hearing in order to investigate on religious beliefs and further rejected the appeal.


The applicant further appealed against the negative decision of the administrative court. The Supreme Administrative Court allowed the leave to appeal and analysed whether due to deficiencies in the interpretation during the oral hearing, the information received by the administrative court was sufficient and reliable as basis for the decision.


The Supreme Administrative Court found that during the oral hearing the interpretation of the applicant’s statements were lacking, and it appeared that the interpreted text was either partly lacking or difficult to understand or even impossible to understand in some parts. The Supreme Administrative Court stated that in view of the deficiencies in the recordings and the events presented, as a whole, raised serious reasons to have doubts on the accuracy and content of the interpretation of the information presented by the applicant. The court considered that these shortcomings had a detrimental effect on the understanding of the applicant’s statements and on the assessment of his conversion to Christianity. Consequently, the statements and explanations provided during the oral hearing cannot be considered sufficiently reliable for the decision. The contested decision was annulled and the case was referred back for the administrative court to organise a new oral hearing.  


Country of Decision
Finland
Court Name
FI: Supreme Administrative Court [Korkein hallinto-oikeus]
Case Number
KHO:2023:10
Date of Decision
31/01/2023
Country of Origin
Iraq
Keywords
Assessment of Application
Interpretation/translation
Religion/ Religious Groups