The request for the determination of citizenship is made on a form (KAN_9), which is available on the homepage of Migri.120 The cost of the request when made by a private person is 34 euros.121 The request can be made in Finnish, Swedish (the two official languages of Finland) or in English. The translation costs from any other language to Finnish, Swedish or English have to be borne by the applicant. Whereas it is possible that the application is lodged through an attorney or a counsellor (in accordance with Section 12 of the Administrative Procedure Act), in practice this has not happened.122 The determination of citizenship status procedure is to a large extent written; no interviews are conducted. Migri may seek to clarify certain matters through telephone. The oral hearing of the applicant is in principle possible in all administrative matters, including the determination of citizenship status procedure, in accordance with the Administrative Procedure Act but there is no specific provision for it in the Nationality Act. Oral hearing is however guaranteed (in accordance with the Aliens Act) as part of the asylum procedure in cases where the determination of citizenships status procedure concerns a person who is an asylum-seeker. The explanation by Migri for the lack of oral hearing in the determination of the citizenship status procedure is that generally in nationality matters, oral hearing is not part of the standard procedure; it is simply not considered necessary by Migri.123 When the request for determination of citizenship status has been made on behalf of an authority, Migri informs the authority about the decision and also the person concerned. If the person concerned is registered in PIS, the information is in most cases transmitted electronically in the system.124 Together with the decision, Migri sends out a short note (“information box”) to the person, explaining the purpose and the context of the decision.125 3.3.2.2 QUESTIONS OF PROOF (BURDEN AND STANDARD) Section 39 of the Nationality Act relates to the obligation of a party to provide information in the determination of citizenship status procedure. The section states that for such determination, a party shall provide Migri and, in the cases referred to in Section 38 (regarding retention of Finnish nationality at the age of 22 years), the Local Register Office with all information in her or his possession related to the acquisition or loss of citizenship, and contribute to producing the necessary information and documents to the extent such contribution can reasonably be demanded from her or him. Requests for further information from the person concerned are common by Migri in the determination of citizenship status procedure. According to Migri, in matters related to possible statelessness the types of further information required are various, including identity documents from the applicant’s country of (former) habitual residence. The verification of the authenticity of the documents may be conducted by the National Bureau of Investigations at the request of Migri.126 The principle of the benefit of the doubt in the asylum process is reflected in Section 98, Subsection 3 of the Aliens Act, which states that after obtaining the available statement, the authorities shall decide on the matter in favour of the applicant on the basis of her or his statement if the applicant has contributed to the investigation of the matter as far as possible and if the authorities are convinced of the veracity of the application with regard to the applicant’s need for international protection. A similar provision cannot be found in the Nationality Act and is not considered to be applicable in the determination of citizenship status 120 http://www.migri.fi/asiointi/lomakkeet/kansalaisuuslomakkeet - kan_9_fi 121 Sisäasiainministeriön asetus Maahanmuuttoviraston suoritteiden maksullisuudesta 1038/2012, Ministry of Interior Decree on the costs of the services of Migri, entry into force 1 January 2013, valid until 31 December 2013. 122 Meeting with Migri, 1 August 2012. 123 Ibid. 124 E-mail from Migri, 17 September 2012. 125 Meeting with Migri, 1 August 2012. 126 Ibid. UNHCR STOCKHOLM, NOVEMBER 2014 33

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents