The Finnish Immigration Service sign in Malmi, Helsinki. Photo: Emmi Korhonen / Lehtikuva
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The Finnish Immigration Service (Migri) has launched a review of its policy on accepted travel documents for residence permit applications following legal and political debate over the status of documents issued by the Palestinian Authority.
The reassessment follows a law change that came into effect in September 2024. The amendment introduced a requirement that applicants for residence permits must identify themselves with a “national travel document”.
The change excluded use of refugee travel documents, alien passports and other non-national papers. The requirement also applies to stateless persons, including Palestinians.
Since the amendment, Migri has issued negative decisions in cases where applicants could not present a qualifying national passport. The agency confirmed it has now paused decisions in certain pending cases involving Palestinians, while it examines its interpretation of the law.
“The Ministry for Foreign Affairs has suggested that documents issued by the Palestinian Authority qualify as national travel documents,” said Johanna Waal, Director of Legal Services at Migri.
“This interpretation does not appear in the law or its preparatory materials. We believe it is appropriate to re-evaluate our guidance in light of the foreign ministry’s position,” Waal said.
The review process is expected to take several weeks. Migri said the outcome of the review remains open and no changes to current practice have been confirmed.
Waal stressed that as an implementing authority, Migri is bound by the letter of the law. “We have a high threshold for deviating from a strict interpretation,” she said. “Finnish constitutional law requires all public authority to be exercised in accordance with precise legal provisions.”
During the law’s drafting phase, Migri raised concerns about its clarity and its effect on stateless applicants. The agency’s input did not influence the final content of the legislation. The Constitutional Law Committee did not comment on the matter during its review.
Under current Finnish law, only individuals already residing in Finland can be granted exceptions to the national passport requirement on humanitarian or personal grounds. In practice, this does not often apply to work- or study-based residence permit applications.
The new rule does not affect short-term visits or visa applications. The requirement applies only to those seeking long-term residence in Finland.
Migri confirmed that all applicants who receive negative residence or deportation decisions retain the right to appeal. If an appeal is filed, enforcement is typically suspended unless the case involves criminal grounds. In such cases, an administrative court can still halt enforcement.
The agency also reiterated that it respects the legal principle of non-refoulement. This means that a person cannot be removed to a country where they would face the death penalty, torture, persecution, or other inhuman or degrading treatment.
Migri’s updated guidance will clarify how it interprets the law in relation to travel documents issued by authorities without recognised statehood. Waal said the agency aims to ensure legal consistency while also acknowledging issues that may not have been fully considered in the original legislative process.
HT
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Source: www.helsinkitimes.fi
