The applicant, a Nigerian national, was rejected the request for residence permit on family ties because he has evaded the regulations on immigration. The Supreme Administrative Court noted that A had provided different personal information in several countries, that he arrived in Finland without a document and stayed illegally in the country. In addition, the applicant has tried to hide his previous asylum applications and to provide false information about his arrival in Finland.

According to the national authorities and to the courts, there were reasonable grounds to suspect that A's purpose was to evade the regulations on entry into the country. However, despite the reason for application of the section 36 par. 2 of the Aliens Act and for rejection of the application, the court had to analyse whether the refusal of the residence permit was a proportionate measure.

The court noted that A's family ties to Finland could be considered solid, and it had been established that he participated in the family's everyday life and the child's upbringing. However, A's activity showing evasion of the entry regulations had been long-lasting and had continued also until the moment of submitting the application for the residence permit based on family ties. The court underlined that A had given contradictory statements about his identity to such extent that it still raised doubts about his identity.

In weighing, the Supreme Administrative Court concluded that the reasons for rejecting the residence permit application outweighed the reasons for the protection of family life and the best interests of the child.