It will no longer be possible to apply for asylum at the Finland-Russia border

Translated by Andrea Solazzo

The new law passed by the Finnish parliament is justified on the grounds of the so-called fight against the instrumentalization of migration by the Russian Federation, but many people feel that the law does not comply with international obligations.

The passing of the new law

On 12 July, the Finnish Parliament adopted a new law allowing border guards to turn back people who try to cross the border into Russia without allowing them to apply for asylum. The “bill for the Act on Temporary Measures to Combat Instrumentalised Migration” was passed with 167 MPs in favour and 31 against. The law was justified by Prime Minister Petteri Orpo in response to Russia's supposed instrumentalization of migration to influence Finland's security and borders. The legislation defines instrumentalization as a set of actions by “states or other actors” to facilitate irregular migration movements into another country to destabilise it. The prime minister also emphasised Finland's commitment to the security of its own and the European Union's borders. With 1340 kilometres, the Finnish border is the longest that the EU shares with Russia.

The Russian Federation's instrumentalization of migration

Concern about border control and migration management is growing in Europe and around the world, pushing many states to adopt restrictive policies or enter into agreements with third countries to try to decrease arrivals.

In 2021, a larger flow of migrants had arrived from the Russian border and had alarmed the Nordic and Baltic countries, which had adopted refoulement practices, justifying them as a response to the Russian Federation's instrumentalization of migration. Russia has always returned the accusations to sender, stating that the West was simply supporting a denigrating and defamatory campaign against the Federation. In general, relations with Russia have deteriorated significantly since Finland decided to join NATO in 2022 following the war in Ukraine.

Finland had temporarily closed all 8 crossing points in November last year after experiencing an increase in migrants from the Middle East and North Africa. A few months later it reopened two of them, discouraging migrants from travelling to Finland, saying the crossings would be closed again if necessary.

The right to ask for international protection under persecution or serious harm

Finland, known for its respect for human rights and the rule of law, has explained that this move is necessary to protect the country's security and the integrity of the EU's borders.

Many human rights activists and international organisations have condemned the new law, despite the Finnish government's security arguments. The Finnish Refugee Advisory Centre and Amnesty International state that the law violates the Convention relating to the Status of Refugees and the European Convention on Human Rights. The main concern is that asylum seekers will be exposed to the risk of torture and inhuman treatment in their home or transit country because the laws will prevent them from accessing a fair asylum procedure.

Indeed, the law calls into question not only the right to seek asylum at international borders, but also non-refoulement and the prohibition of measures that may result in collective expulsion. The law contains some exceptions in favour of vulnerable groups, for example minors or people with disabilities, but these are defined very restrictively, going against the standards mentioned above. It also remains to be seen whether the government will be able to provide sufficient training for border guards to recognise such vulnerabilities, which sometimes require special training. The law generally favours an increase in arbitrary decisions and violent rejections at the border and does not provide any real possibility of appeal against the decisions made; an administrative complaint can be filed, which however does not stop the rejection procedure.

Finland has a duty to comply with international obligations, even when implementing measures to increase security.

The European Commission's assessment of the conformity of the new Finnish law with EU law will be crucial because it may determine whether Finland will have to make changes to the text to comply with common EU legal obligations.