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06/10/2026

FI: Drawing on the CJEU’s judgment in Bundesrepublik Deutschland v SE, the Administrative Court in Turku ruled that the Finnish Immigration Service could not examine and decide on an application without treating the applicant as a minor, where the applicant had been a minor when submitting the application in another Member State but had reached the age of majority before being transferred to Finland under the Dublin III Regulation

06/10/2026

FI: Drawing on the CJEU’s judgment in Bundesrepublik Deutschland v SE, the Administrative Court in Turku ruled that the Finnish Immigration Service could not examine and decide on an application without treating the applicant as a minor, where the applicant had been a minor when submitting the application in another Member State but had reached the age of majority before being transferred to Finland under the Dublin III Regulation

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
Finland, Turku Regional Administrative Court [fi. hallinto-oikeus], Applicant v Finnish Immigration Service (Maahanmuuttovirasto‚ FIS), 1971/2026, 06 October 2026. 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=6227
Case history
Other information

European Union, Court of Justice of the European Union [CJEU], Bundesrepublik Deutschland v SE, C-768/19, ECLI:EU:C:2021:709, 09 September 2021. Link redirects to the English summary in the EUAA Case Law Database.

Finland, Supreme Administrative Court [Korkein hallinto-oikeus], Applicant v Finnish Immigration Service (Maahanmuuttovirasto‚ FIS), KHO:2024:25, ECLI:FI:KHO:2024:25, 06 March 2024. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

The applicant applied for asylum as a minor in another Member State and had been transferred to Finland under the Dublin III Regulation. He had reached the age of majority before the transfer took place. The Finnish Immigration Service rejected the application for international protection and adopted a return decision.


The applicant appealed against the negative decision before the Administrative Court of Turku. From the outset, it appeared from the Finnish Immigration Service's decision that it did not consider the applicant to be a minor when it examined the application.


The Administrative Court annulled the decision of the Finnish Immigration Service and referred the case back for examination in view of the below.


 The Administrative Court clarified that, since an applicant is transferred to another Member State on the basis of the Dublin III Regulation, which determines the Member State responsible for the processing an application for international protection, then the application must be examined based on the initial application. Accordingly, the transfer did not constitute the lodging of a new application. By referring to the CJEU judgment in Bundesrepublik Deutschland v SE (C-768/19, 9 September 2021) and the Supreme Administrative Court's judgment Applicant v Finnish Immigration Service (Maahanmuuttovirasto‚ FIS) (KHO:2024:25, 6 March 2024), the court clarified that the application of an applicant who was minor at the time when he submitted the application in another Member State could not be processed in Finland, the responsible Member State, without considering the applicant's minority. Relatedly, the court held that the Finnish Immigration Service could not have assessed the application without taking into account the impact of international protection recognised to the applicant's parent in Finland on his need for protection.


Country of Decision
Finland
Court Name
FI: Turku Regional Administrative Court [fi. hallinto-oikeus]
Case Number
1971/2026
Date of Decision
06/10/2026
Country of Origin
Keywords
Dublin/AMMR procedure
Vulnerable group
Unaccompanied minors
Source
FINLEX