livelihood, or that prevented his return to Lebanon. The Court concluded:
Based on the above-mentioned reasons A does not have ipso facto right to
the benefits granted in the 1951 Geneva Convention. A must therefore not
be granted refugee status as ruled in the Convention pursuant to Article 1D,
which rule is included in Section 30 of the Aliens Act. Regarding Article 1D
A is, therefore, not within the scope of the application of the 1951 Geneva
Convention.596
The Court then examined whether the applicant fulfilled the criteria set out in
Article 1A(2) of the Refugee Convention and concluded that he did not have a wellfounded fear of persecution for one of the reasons identified by the Convention. The
Court also concluded that the applicant was not in need of protection pursuant to
Section 31 of the Aliens Act, stating that:
The fact that according to the available information Palestinian refugees’
rights to, i.a., practice certain professions, [are restricted] cannot yield the
interpretation that A would be in need of international protection pursuant to
the mentioned provision.597
The Court finally concluded that the applicant could be returned to Lebanon.
5. Refugee Status Determination Process: Outcome
Finnish authorities will grant refugee status to an applicant whose application is
determined to be valid. When authorities decide not to grant asylum or residence,
they will make an additional decision for deportation or refusal of entry at the same
time.598
The immigration authorities may grant a residence permit to an asylum seeker
who does not face a well-founded fear of persecution as defined in § 87(1) and has not
violated any provisions stated in § 87(2), but who cannot return to his or her country
of origin due to “a real risk of being subjected to serious harm” or if “he or she is
unable, or owing to such risk, unwilling to avail him or herself of the protection of
that country” - i.e., reasons also outlined in Article 15 of the Qualification Directive.599
Asylum seekers who are ineligible to receive refugee status for violating a provision
stated in § 87(2), but who are unable to return home due to “threat of the death
penalty, torture, persecution, or other treatment violating human dignity,” will be
awarded a temporary residence permit for up to one year.600 Alternatively, asylum
seekers may be offered subsidiary or humanitarian protection under § 88 or § 52.
Protection under § 88 is common in Finland.601
596
Ibid.
Ibid., 4.
598
State of Finland, “Aliens Act - Act No. 301/2004 of 2004 (Amendments up to 458/2009 Included),”
Section 98.
599
Ibid., Section 88(1).
600
Ibid., Section 89.
601
Information provided by Leena-Kaisa Åberg.
597
Survey of Protection at the National Level
123
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