Migri decided to accept Palestinian travel documents. Photo: Emmi Korhonen / Lehtikuva
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The Finnish Immigration Service has revised its interpretation of the national travel document requirement for residence permits, now accepting passports issued by the Palestinian Authority.
The change follows further clarification from the Ministry for Foreign Affairs and the Ministry of the Interior on the intent and scope of legislation introduced in September 2024. The revision affects how both the definition of a national travel document and determination of citizenship status are applied under the Aliens Act and the Citizenship Act.
In 2024, the Finnish parliament tightened requirements for residence permits, including a stipulation that applicants must present a valid national travel document. The preparatory materials indicated that stateless individuals, including Palestinians, would no longer meet this requirement. At the time, the Finnish Immigration Service had warned that this could create unreasonable outcomes for stateless persons.
The agency’s feedback did not lead to any amendment to the law or its background documents. Based on the final wording, the Finnish Immigration Service initially concluded that Palestinians did not qualify under the new rules, classifying them as stateless and therefore unable to present an acceptable national travel document.
Following new input from the Ministry for Foreign Affairs, the agency has reassessed its stance. The ministry presented additional considerations regarding the status and technical reliability of travel documents issued by entities not recognised as states. The Ministry of the Interior also provided further information on the legislation’s purpose, specifically the goal of ensuring reliable identity verification.
As a result of the review, the Finnish Immigration Service has determined that travel documents issued by the Palestinian Authority meet the technical and legal criteria for national travel documents as defined in the Aliens Act. These documents are now accepted for residence permit applications, provided that all other legal requirements are met.
Passports issued by Hamas in Gaza continue to be excluded. The agency reaffirmed that such documents do not qualify as national travel documents and will not be accepted, consistent with previous practice.
The review confirmed that the Aliens Act requires the travel document to be issued by the person’s country of nationality and be technically reliable. It also clarified that the Citizenship Act does not require international recognition of a state for citizenship status to be acknowledged. Therefore, a person can be regarded as a national if they are treated as such under the laws of that entity, regardless of the state’s diplomatic status.
In carrying out its reassessment, the Finnish Immigration Service cited its legal obligation not to restrict the rights of foreign nationals beyond what is necessary. It stated that this principle, combined with the goal of verifying applicants’ identities reliably, supports the revised interpretation.
The agency acknowledged that the legal definitions and responsibilities remain unclear in some areas. It committed to monitoring developments in case law and updating its guidelines as required.
It will also examine the implications of the updated interpretation for citizenship and permit application processes, including whether previously issued negative decisions should be reviewed.
HT
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Source: www.helsinkitimes.fi
