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N.A. v. Finland – On the quality of the national authorities’ risk assessment and what the authorities should learn from the case

Published on December 17, 2019        Author:  and

 

On 14 November 2019, the European Court of Human Rights delivered a judgement in the case N.A. v. Finland (application no. 25244/18). The ECtHR found that Finland had violated Articles 2 and 3 of the European Convention on Human Rights when assessing an Iraqi man’s asylum application. Having exhausted all domestic remedies, the applicant’s father, an Iraqi man, returned to Iraq and was shot dead shortly after his return.  In N.A., the Court was not convinced that the quality of the assessment conducted by national authorities satisfied the requirements under Articles 2 and 3 of the Convention (§ 83). The case at hand was given unanimously by the first section of the Court in a relatively quick pace of time, which also gives weight for the message the Court aims to signal with its judgement.

The Facts

The applicant’s complaint was that the expulsion of her father, Mr A, violated Articles 2 and 3 of the Convention. Furthermore, the daughter complained that her father’s violent death had caused her considerable suffering under Article 3 of the Convention. The daughter claimed that the Finnish authorities (Finnish Immigration Service and the national courts) had not undertaken the risk assessment with necessary diligence (§ 43).

The applicant submitted that Mr A had been at risk not only because of his religious background as a Sunni muslim, but also due to his employment history; disagreement with a person who allegedly belonged to the Badr Organisation; a shooting incident at Mr A’s car; and a car bomb explosion which the applicant claimed had been targeted towards Mr A. The Finnish national authorities accepted that a risk could exist as a result of his employment history as a major in the army under Saddam Hussein and later on in an American logistics company. However, they did not agree that a risk occured as a result of the factors put forward i.e. the disagreement, shooting incident nor the car bomb explosion. Ultimately, the Finnish authorities regarded that the risk towards Mr A was improbable and that he would not personally be targeted but that the events were rather explained by the general security situation in Baghdad (§ 5-18).

Mr A applied for a stay on removal, which was not granted by the Supreme Administrative Court. Therefore, the removal order was enforceable. As a consequence, Mr A applied for assisted voluntary return to Iraq (§ 19). Mr A was granted the assistance and he thus left Finland on 29 November. His leave to appeal to the Supreme Administrative Court was rejected on 30 November, a day after his departure from Finland.

In December, the applicant received information from the neighbours of her relatives that her father, Mr. A, had been killed as a result of shots to the head and body (§ 22). Read the rest of this entry…

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How Trump’s Migration Policy Erodes National and International Standards of Protection for Migrants and Asylum Seekers

Published on November 28, 2018        Author: 

Early this month, 5,600 US soldiers were deployed to the southern border as a response to an approaching migrant caravan consisting of several thousand Central Americans. U.S. President Donald Trump called the advancing group in official statements a foreign “invasion” that warrants deploying up to 15,000 army members to support the border patrol. He further publicly warned that “nobody is coming in” and once more clarified his stance on migration stating that “immigration is a very, very big and very dangerous, a really dangerous topic”. The latest footage of U.S. officers firing tear gas at migrants of the caravan-including at children- that tried to enter the country, is the disturbing result of Trump’s sketched horror scenario of a violent invasion of Central Americans.

This strict stance on migration is just the most recent example, the tip of an iceberg of the Trump administration’s aim to establish, step by step, a migration policy that erodes national and international standards of protection.

The comprehensive new migration strategy seemingly builds on a set of immediate, as well as long-term measures aiming at those who attempt to enter the United States as well as at those who are already within the state’s territory. For example, last month a new immigration policy was introduced that aimed at restricting immigrants from using public benefits, or else they may be illegible for permanent residency later on. This is just one of numerous examples of how the Trump administration severely restricted or just completely abandoned given standards such as the abolishment of the Deferred Action for Childhood Arrivals program, the prevention of dreamers from living and working in the U.S.A., as well as the abrogation of the temporary protective status programs. These turnovers of existing standards affected more than two million regularly residing migrants in the U.S.A. and fostered sentiments of fear, nationalism and division.

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