valid after the timeframe set for the appeal. Further, the possibility to amend a citizenship status decision is not provided for in the Nationality Act. Section 33 of the Nationality Act pertaining to the deprivation of Finnish nationality is only applicable if Finnish nationality was acquired by application or declaration. The court stated, however, that challenges with regard to determining citizenship had to be weighed against an individual’s right to protection under law. The decision with which the person has been determined to be a Finnish national creates an assumption of Finnish nationality with the rights and benefits that come with it. The Supreme Administrative Court concluded that, considering the Constitutional provisions on protection under the law, protection of rights and liberties and the requirement that an individual’s rights and obligations are governed by Acts,134 as well as the fact that the Nationality Act does not provide for changing of a citizenship status decision, Migri did not have the right to change the decision without a request of the party. 3.4 Rights of applicants and recognized stateless persons 3.4.1 Rights of applicants during the statelessness determination procedure If the determination of citizenship status procedure is conducted in the context of an asylum case, the person has no special rights besides those of an asylum-seeker. Also in other types of cases, most importantly in cases where the determination of citizenship status procedure is initiated in order to confirm the nationality of a child born in Finland, the person’s rights are linked to her or his immigration status in Finland, i.e. to the type of residence permit she or he (and in the case of newborn children, the parent or parents) has in Finland, not to the pending determination of citizenship status procedure. The Nationality Act is silent on whether the determination of citizenship status procedure is available for persons who reside illegally in the country. However, as it is not excluded in the law, Migri has adopted a view that the procedure is available even for those residing illegally in Finland and for persons who reside outside of Finland. It is expected though that the person is available for further inquiries and clarifications. This may pose some challenges in a case where the person resides in Finland illegally.135 3.4.1.1 DETENTION An alien may be ordered to be held in detention if, among other grounds, holding an alien in detention is necessary for establishing her or his identity.136 It is further stated that holding an alien in detention on grounds that her or his identity is unclear requires that the alien gave unreliable information when the matter was processed or refused to give the required information, or that it otherwise appears that her or his identity cannot be considered established. The Government Bill states that typically this would be the case when 134 Constitution of Finland, Perustuslaki 731/1999. Section 21 – Protection under the law (1) Everyone has the right to have his or her case dealt with appropriately and without undue delay by a legally competent court of law or other authority, as well as to have a decision pertaining to his or her rights or obligations reviewed by a court of law or other independent organ for the administration of justice. (2) Provisions concerning the publicity of proceedings, the right to be heard, the right to receive a reasoned decision and the right of appeal, as well as the other guarantees of a fair trial and good governance shall be laid down by an Act. Section 22 - Protection of basic rights and liberties The public authorities shall guarantee the observance of basic rights and liberties and human rights. Section 80 - Issuance of Decrees and delegation of legislative powers (1) The President of the Republic, the Government and a Ministry may issue Decrees on the basis of authorization given to them in this Constitution or in another Act. However, the principles governing the rights and obligations of private individuals and the other matters that under this Constitution are of a legislative nature shall be governed by Acts. If there is no specific provision on who shall issue a Decree, it is issued by the Government. 135 E-mail from Migri, 31 August 2012. 136 Section 121 of the Aliens Act. UNHCR STOCKHOLM, NOVEMBER 2014 37