Courts say immigration officials give too much weight to statements by Security Police
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The Helsinki and Kuopio Administrative Courts say that the Directorate of Immigration has given too much weight to statements by the Security Police (SUPO) when making decisions on residence permits for foreigners, and on applications for citizenship. In the statements, SUPO assesses the possible threats that a foreign citizen might pose to public order and the security of the state.
In just over six months, the courts have overturned five negative decisions on citizenship and residence permit applications that the Directorate has made on the basis of SUPO statements.
In its statements, SUPO has said that an Afghani, a Pakistani, a Somali, and two Iranians would pose a threat to state security and public order.
According to the courts, the Directorate of Immigration cannot reject a foreigner's application simply because the Security Police feels that the person is a threat to national security.
The courts found that the decisions should also explain the reasons why SUPO and the Directorate feel that the applicant is a danger, and ordered reconsideration of the cases.
The Directorate of Immigration says that the rulings would mean a change to established administrative procedure. It has asked the Supreme Administrative Court for permission to appeal the decision.
The Directorate of Immigration feels that the Security Police are experts in national security, and that it is therefore enough for this body to make a statement on the possible dangers posed by a foreigner.
In its statements, SUPO does not say what information its assessments are based on. The Directorate of Immigration has therefore rejected an application whenever SUPO has considered a person to be dangerous, or a threat to state security.
"Making the information public would certainly cause great difficulties for the Security Police, if a foreigner were known to be a member of a terrorist organisation, for instance, and if the information had come from a foreign intelligence service", says Jorma Vuorio, Director-General of the Directorate.
The foreigners directly affected by the decisions have also not been given information on what the decisions are based on. Ombudsman for Minorities Mikko Puumalainen has said that present legislation does not sufficiently secure individual rights when a person is denied a residence permit on the basis of a negative SUPO statement.
Hannu Moilanen, Deputy Chief of the Security Police, says that it is premature to say if the practice on giving statements should be reformed somehow. He first wants to wait for a possible decision by the Supreme Administrative Court.
The Security Police gave 782 statements to the Directorate of Immigration in 2005; in nine of the statements, a foreigner was considered a security risk.
Last year only 325 such statements were given, two of which were negative. Moilanen says that one of the factors reducing the number of statements given was that SUPO was busy with matters related to the Finnish EU Presidency.
Helsingin Sanomat
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| 28.2.2007 - TODAY |
 Courts say immigration officials give too much weight to statements by Security Police |
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