Finland's unsuccessful Aliens Act needs urgent reform

Amendments to B-permit system required for alleged violations of constitutional rights

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Finland's new Aliens Act, which came into force on May 1st 2004, has proved to be unsuccessful, and many of its details are to be amended in the course of next year. One of its biggest problems is the new temporary residence permit - the so-called B-permit - which can be granted to an applicant who is ineligible for asylum but cannot be deported.
      The practical problem is that a person holding a B-permit is not entitled to a job, education, or social security in Finland. Moreover, he or she is not recorded into the Population Information System kept by Finland's Population Register Centre.
      According to some experts, the consequences of the law approach a violation of constitutional rights.
      Senior Adviser of Legislative Affairs Jorma Kantola from the Ministry of the Interior admits that the ministry has received a lot of criticism over the Aliens Act. Consequently, a decision will have to be reached in the course of next spring whether only the 51th paragraph of the Aliens Act should be amended or if the entire residence permit procedure for asylum-seekers should be revised.
     
Typically, a B-permit is granted to an applicant who is ineligible for asylum on grounds of persecution or some other international need for protection, but who nevertheless cannot be deported for some reason.
      Elsewhere in Europe and in the Nordic region, these applicants have often stayed in the country illegally without any permits. Finnish authorities have wished to give such persons at least some kind of official status.
      So far the total number of B-permits granted is 238, which is almost half of all residence permits granted to asylum-seekers. This was not the purpose of the law, and the numbers are considerably higher than the law-makers had envisaged.
      "It came as a surprise to everybody that there are so many asylum-seekers who are ineligible for a residence permit but who cannot be deported", said Arja Kekkonen of the Directorate of Immigration.
     
Problems occur as the law does not regard a B-permit holder as eligible for a job or education, nor for social security benefits. All he or she is granted is a maintenance subsidy along with necessary health care. Moreover, many municipalities refuse to let the children of holders of B-permits go to school if they do not manage in normal classes.
      "As the government does not pay for additional teaching, municipalities do not pay for it, either", says Jorma Kuuluvainen, Director of the Perniö Reception Centre.
      "The consequences of the Aliens Act come close to being a violation of constitutional rights".
     
B-permit holders are persons who are recognised by no other system but the reception centres.
      As they are not recorded into the the Population Information System kept by Finland's Population Register Centre, they do not get a social security number. Hence, they do not qualify for residence-based social security.
      Furthermore, they are not entitled to any benefits from the Social Insurance Institution of Finland, either. As they are not eligible for a home of their own, they have to live in a reception centre.
     
In addition to asylum applicants themselves, also the officials of municipalities and reception centres are frustrated with the situation. Hardly anybody knows what the actual rights of a B-permit holder are.
      A B-permit is normally granted for one year, but can be prolonged by another permit. If a B-permit holder still cannot be deported after two years, he or she will be granted a permit of residence.
      The majority of B-permits have been issued to people of Somali, Afghan, or Iraqi origin.
      The total number of all asylum applicants for 2005 is thus far 3,400. The majority of them have received a negative decision.


Links:
  Directorate of Immigration
  The Social Insurance Institution of Finland

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