Court rejects appeal over negative residence permit of Egyptian grandmother

Eveline Fadayel

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The Helsinki Administrative Court has rejected an appeal made by Egyptian citizen Eveline Fadayel, 64, against a negative residence permit decision made by the Finnish Immigration Service.
      After receiving the refusal of entry, Fadayel appealed to the Helsinki Administrative Court, which ruled that she must not be deported before her case has been heard by the Administrative Court.
      However, the Administrative Court has now rejected the appeal and decided to uphold the order for Fadayel’s deportation.
     
The Egyptian grandmother has applied for a residence permit in Finland based mainly on humanitarian reasons.
      Fadayel was left a widow in Egypt a couple of years ago. She has said that she has no relatives in Egypt, while in Finland Fadayel has three children and some grandchildren.
      According to the Administrative Court, the longing felt by the applicant and her close relatives for each other does not constitute sufficient grounds for granting her a residence permit.
      Fadayel has also appealed to her poor health. However, the Administrative Court argues that Fadayel’s illnesses: diabetes, high blood pressure, other physical ailments, and depression do not make her totally dependent on her children. The court says that she can be treated in her native country.
     
The case has been given much publicity in Finland, sparking a major debate on immigration and even on the concept of the Finnish family institution, as one of the reasons for the refusal was the fact that grandmothers are not regarded as part of the nuclear family in Finland.
      The Evangelical Lutheran Church of Finland has granted sanctuary to Fadayel. For example, the archbishops and the former President Martti Ahtisaari have called for her to be allowed to remain in Finland.
      The process is set to continue. Lawyer Eero Lamberg, who represents Fadayel, says that the decision will be further appealed against to the Supreme Administrative Court.
      The appeal has to be submitted within 30 days of receipt of the negative decision, and Fadayel will be allowed to stay in Finland for at least this period.
     
Lawyer Lamberg complains that the arguments given in the Administrative Court’s decision were very brusque. They did not give answers to all Fadayel’s questions.
      Lamberg also refers to a previous decision made by the Supreme Administrative Court, saying that it is very similar to Fadayel’s case.
      In the previous case the Supreme Administrative Court granted the applicant a residence permit.
      ”The Administrative Court did not state its opinion on this item in our appeal. For the sake of consistency with legal practice, we think that the Supreme Administrative Court’s ruling has to be sought”, Lamberg notes.


Previously in HS International Edition:
  Finnish Immigration Service

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