child’s situation and the deprivation is not automatic. In the assessment, particular account shall be taken of
the child’s age and ties with Finland.
In its judgment 10/0303/5174 from 2010, the Administrative Court of Helsinki uplifted the prevention of
statelessness and the best interest of the child above the effects of annulment for the retention of Finnish
nationality. The child was born in Finland to a woman who was a national of Kenya and whose husband was
a national of Finland. The child acquired Finnish nationality through the husband at birth. The paternity of
the husband was however annulled when the child was less than one year old. Migri decided that the child
would lose its Finnish nationality as a result of the annulment and determined its nationality as “unknown”.
Migri based its decision on the grounds that the mother had resisted the paternity to be established and had
not taken any actions for the child to acquire Kenyan nationality. The mother appealed the decision stating
that the child could not acquire Kenyan nationality without the paternity having been established and that
she did not know the father of the child. The Administrative Court stated that since the child’s nationality was
unknown there was a risk that the child would be stateless. The court ruled that considering Section 4 of the
Nationality Act, according to which a person cannot be deprived of her or his Finnish nationality if she or he
as a result would become stateless, the best interest of the child and the international treaties on rights of
the child which are binding on Finland, the child must be considered as a Finnish national.
Finnish nationality may also be lost if it has been acquired based on false information. Section 33 states that if
a person has provided such false or misleading information on her or his person or other false or misleading
information the knowledge of which would have resulted in refusing Finnish nationality, or withheld such a
relevant circumstance which would have had the same effect, she or he may lose the Finnish nationality. This
is only applicable if the person had acquired Finnish nationality on application or by declaration. If a child
has acquired Finnish nationality together175 with a person who has given false information, a decision on loss
of nationality may also be made with regard to the child. A child however cannot lose its Finnish nationality
if the other parent (with whom the child did not initially acquire its Finnish nationality) is a Finnish national.
Even in this situation, loss of nationality is not automatic. Section 33 states that the decision must be based on
an overall consideration of the person’s situation. Further, if the proceedings concerning a loss of citizenship
have not commenced before more than five years have passed since a decision was made on the application
or declaration for the acquisition of Finnish nationality, a decision on the loss of citizenship cannot be made.
A Finnish citizen, who also holds a citizenship of another State, may lose her or his Finnish citizenship when
she or he turns 22 if she or he is found not to have a sufficient connection with Finland. Section 34 lays down
the requirements for determining whether a sufficient connection exists.176
A person may be released from Finnish citizenship on application, which shall state why the applicant wishes
to be released from Finnish citizenship.177 A decision to release the applicant of Finnish citizenship will not
have immediate effect if the applicant is not yet a citizen of another State at the time of the decision. In such
a case, the entry into force of the decision requires that the applicant produces a report on the acquisition
of citizenship of another state within the time limit mentioned in the decision. After the report on the
174
Helsingin Hallinto-oikeus, 10/0303/5, 16.04.2010, available at http://www.finlex.fi
175
According to the Government Bill 28/2003, detailed justification of Section 33, the child would have acquired its Finnish
nationality on the basis of the application or declaration made by its parent or guardian in which the child was included or which
the parent or the guardian made on behalf of the child.
176
This is the case when the person was born in Finland and his or her municipality of residence is in Finland when she or he reaches
the age of 22 years; if the person’s municipality of residence has been in Finland or she or he has been permanently resident and
domiciled in another Nordic country for a minimum of seven years before she or he has reached the age of 22 years; based on
certain actions of the person after having turned 18 but before turning 22, like giving notice in writing to a Finnish diplomatic
mission or a consulate or the Local Register Office of her or his wish to retain Finnish nationality, applying or having already been
issued with a Finnish passport, completing or conducting military or civil service in Finland or having acquired Finnish nationality
by application or declaration.
177
Section 35 of the Nationality Act.
UNHCR STOCKHOLM, NOVEMBER 2014
51
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