Green Sisu's take on Fayez’ case

It is not only indecorous but also unfitting for Finland to send notice of deportation to a skilled migrant. Even though the government agrees that the country has a need for skilled labour from abroad, the case of Fayez Bassalat, a 25-year-old from Palestine, has once again highlighted the fact that Finnish Immigration Services (Migri) often act against the country's interest by following the harshest interpretation of the law.

Migri has cited the recent changes in immigration laws as the basis for their decision. In their interpretation, the new law would dictate that a residence permit for Finland can only be issued to holders of a valid national passport from a country recognised by Finland. Palestine not being recognised as a state by Finland means that a residence permit for Finland cannot be issued to holders of a Palestinian passport. And this restriction is not limited to Palestinian passport holders: under the new law, any stateless person will no longer be able to obtain a residence permit to Finland. 

Legal scholars Emeritus Professor Kaarlo Tuori and Professor Lena Näre criticise Migri’s interpretation of the law. Such an interpretation of the law would also disqualify the applicant in question from applying for asylum, as the reason for stay in Finland should remain consistent. 

Contrary to Migri’s interpretation, the Ministry of Foreign Affairs holds the Palestinian passport as equivalent to a national travel document, and has stated that the new law does not change this interpretation.

This is not the first time that migrants have faced problems due to interpretations of the law by Migri. In 2017, Armenian student Arus Sahakyan got a job in Jyväskylä and also a deportation notice because her residence permit was based on student status. She took the case to court and eventually won, but the entire fiasco lasted almost two years. The entire time, the applicant was stuck in Finland, without the freedom to visit their loved ones back in Armenia (or anywhere outside of Finland). There are countless other examples in published media and perhaps many that did not get any media attention.

Bassalat’s will not be the last such case. Any stateless persons living in Finland will no longer be able to extend their residence permits. According to Migri’s interpretation, an alien's passport issued by Finland will also not be considered a valid national passport. This may have serious implications for the long-term Ukrainian residents of Finland who have not been able to obtain a valid Ukrainian passport from their war-affected country.

Institutions of a country that wants to encourage work-based migration should relax their interpretations of the law in favour of immigrants. Instead, Migri’s decisions often drag applicants to the verge of deportation, to the point where some are forced to file lawsuits and many others simply leave the country, having found it unwelcoming.

We at Green Sisu believe that migration is a fundamental component of life in the twenty-first century. Immigration laws and their interpretation by the state institutions should be the least troublesome for the migrant population residing in Finland. Instead of applicants having to bear the burden of challenging decisions, Migri should explore all reasonable options to retain migrants before handing out deportation notices. 

Green Sisu board members: Muhammad Usman Rasheed with special thanks to Sjoerd Handgraaf for major edits. The piece is approved by the Green Sisu board.

About Green Sisu

Green Sisu is a green party association that offers an easygoing community for people sharing green values, regardless of their language background, especially the residents of Finland not fluent in either of the official languages