reside outside their home country or country of permanent residence owing to
a well-founded fear of being persecuted for reasons of ethnic origin, religion,
nationality, membership in a particular social group or political opinion and if
they, because of this fear, are unwilling to avail themselves of the protection
of that country.587
Finland has also adopted exclusionary clauses similar to those in Articles 1E and
1F of the Refugee Convention, and will not grant refugee status to asylum seekers
who have either committed or are suspected of committing:
1.
2.
3.
a crime against peace, war crime, or crime against humanity;
a serious non-political crime outside Finland before entering Finland as
refugees; or
an act which violates the aims and principles of the United Nations.588
4. Refugee Status Determination: Article 1D
Section 87(3) of the Aliens Act stipulates that:
Asylum is not granted to persons who are eligible for protection or help from
bodies or offices of the United Nations other than the United Nations High
Commissioner for Refugees (UNHCR). Once such protection or help has
ceased without final regulation of the status of the person in accordance with
the valid resolutions adopted by the United Nations General Assembly, the
person is entitled to refugee status. If the person has voluntarily relinquished
the protection mentioned above by leaving the safe area for reasons other than
those related to a need for protection, his or her right of residence is examined
under this Act.589
Thus, the Aliens Act of 30 April 2004 clearly provides that Palestinian refugees
may be recognized as refugees under Article 1D without having to fulfill the
criteria of Article 1A(2) of the Refugee Convention. However, refugees who have
“voluntarily relinquished” the assistance provided by UNRWA are not entitled to
such recognition. Their claims are to be examined under the criteria of Section
87(1) i.e., the criteria of Article 1A(2). Future access to, and scope of protection for,
Palestinian refugees in Finland will therefore depend mainly on the specific meaning
to be given to the term “voluntarily relinquished” by the Finnish authorities.590
In the past fifteen years, Finnish courts have heard approximately ten cases
dealing with Stateless Palestinians.591 Of these cases, only the case below has been
published.
587
Ibid., Section 87(1).
Ibid., Section 87(2).
589
Ibid., Section 87(3).
590
BADIL, Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States
Signatories to the 1951 Refugee Convention, 163.
591
E-mail from Juha Rautiainen, Judge, Helsinki Administrative Court (Oct. 23, 2013) (on file with
BADIL).
588
Survey of Protection at the National Level
121
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents