Finland - Supreme Administrative Court, 14 Nov 2010, KHO:2010:2681

Country of Decision:
Country of Applicant:
Date of Decision:
14-11-2010
Citation:
KHO:2010:2681
Court Name:
Supreme Administrative Court
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Headnote: 

The applicant informed the authorities in Finland that he was a minor; however, he was registered as an adult in Malta. It was decided that the applicant must clarify and correct the information given to the authorities in Malta with respect to his age. Malta was deemed responsible for examining the applicant’s asylum claim under the Dublin II regulation even though he would have been considered a minor when applying for asylum in Finland.

Facts: 

The Finnish Immigration Service left an application for international protection unexamined and decided to return the applicant to Malta under the Dublin II Regulation. In Finland the applicant informed the authorities that he was a minor. He had been registered as an adult in Malta. The aliens’ passport he had received in Malta, which he presented to the Finnish authorities, also listed him as an adult.

The European Court of Human Rights ordered an interim measure. The Administrative Court rejected the appeal of the Immigration Service’s decision. The applicant appealed for leave to appeal to the Supreme Administrative Court and stated, inter alia, that upon entering the European Union, his personal information had been incorrectly recorded because other asylum seekers in Malta had told him to inform the authorities of the wrong age as a means of avoiding imprisonment. A doctor, nurse and social worker in Finland had all, in their statements, supported the applicant’s declaration of his status as a minor. The authorities did not commence determining the age through medical means.

The Supreme Administrative Court allowed for leave to appeal and examined the case.

Decision & Reasoning: 

The Court Stated:

Based on the personal information provided in Malta, the applicant had his asylum claim examined and was granted a residence permit in Malta, therefore Malta was deemed responsible for examining the applicant’s asylum claim even though he would have been considered a minor when applying for asylum in Finland.

The applicant was not considered a vulnerable person on grounds of health, age or other individual assessment conditions. The applicant must clarify and correct his age with the authorities in Malta.

Outcome: 

The appeal was rejected and the Administrative Court decision was allowed to stand.

Observations/Comments: 

A short summary of the decision in Finnish is available on the website of the Supreme Administrative Court - http://www.kho.fi/paatokset/52263.htm