Discontinuance decision; Subjects: RIGHTS OF THE CHILD, FINLAND; [CRC: Kinderrechtskonvention, Übereinkommen über die Rechte des Kindes; Convention relative aux droits de l'enfant; Convenzione sui diritti del fanciullo]
Erwägungen (8 Absätze)
E. 1 The authors of the communication are S.H.S.M. and J.H.S.M., nationals of Afghanistan born in 2007 and 2008 respectively. The authors allege that the State Party has violated their rights under articles 3, 4, 6, 12, 22, 24, 26 to 28, 31, 34, 36 and 37 of the Convention by deciding to return them to Greece. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 12 February 2016.
E. 2 On an unspecified date, the authors arrived in Greece, where they were granted asylum. In 2020, they left Greece for Finland. On 3 June 2020, they applied, together with their parents, for international protection in Finland. On 25 November 2020, the Finnish Immigration Service denied residence permits to the authors and their parents and dismissed their application for international protection. The authors and their parents were refused entry pending removal to Greece and they were banned from entering Finland for a period of two years. On 11 December 2020, the authors and their parents filed an appeal with Helsinki Administrative Court and requested prohibition of enforcement. On 14 December 2020, Helsinki Administrative Court rejected the application for prohibition of enforcement. On 18 December 2020, Helsinki Administrative Court suspended the decision of the Finnish Immigration Service while the appeal was pending.
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sophie Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/131/2020 Convention on the Rights of the Child Distr.: General 13 February 2026 Original: English CRC/C/100/D/131/2020 2 GE.26-01408
E. 3 On 18 December 2020, pursuant to article 6 of the Optional Protocol, the working group on communications, acting on behalf of the Committee, requested the State Party to refrain from returning the authors and their parents to Greece while their case was under consideration by the Committee.
E. 4 On 19 April 2021, the State Party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits. On 18 August 2021, the State Party submitted its observations on the admissibility and merits of the communication. The State Party noted that the Supreme Administrative Court had not yet rendered its decision, and that the matter was still pending before the Court.
E. 5 On 28 December 2021, the authors submitted a proposal for a friendly settlement at the national level, which did not result in an agreement.
E. 6 On 3 January 2022, the authors provided their comments on the State Party’s observations. On 12 April 2022, the State Party submitted further observations on the communication. On 20 October 2023, the Committee, acting through its working group on communications, decided to suspend the consideration of the communication.
E. 7 On 29 August 2024, the State Party informed the Committee that, on 20 September 2022, the Supreme Administrative Court had prohibited the enforcement of the removal order until the request for leave to appeal was decided or ordered otherwise. On 27 October 2023, the Supreme Administrative Court had rejected the request for leave to appeal with respect to international protection but granted leave to appeal in other respects and had examined the matter. The State Party informed the Committee that the Supreme Administrative Court had overturned the decisions of Helsinki Administrative Court and the Finnish Immigration Service to deny the authors and their parents residence permits, deny them entry and ban them from re-entering Finland, and had returned the matter back to the Finnish Immigration Service to be re-examined. On 26 July 2024, the Finnish Immigration Service had granted the authors and their parents continuous residence permits on a discretionary basis on humanitarian grounds, in accordance with section 52 of the Aliens Act, valid for one year from the date of the decision. The State Party therefore requested the Committee to discontinue its consideration of the communication and to withdraw its request for interim measures. On 31 January 2025, the authors informed the Committee that they partially agreed with the State Party’s request. The authors asked that the Committee confirm the violation of the children’s rights due to the prolonged international protection process.
E. 8 At a meeting on 30 January 2026, the Committee, taking into account that the authors and their parents had been granted residence permits and were therefore no longer at risk of being returned to Greece, considered that the case had become moot and decided to discontinue the consideration of communication No. 131/2020 in accordance with rule 26 of its rules of procedure under the Optional Protocol.
Volltext (verifizierbarer Originaltext)
GE.26-01408 (E) 120226 130226 Committee on the Rights of the Child Decision adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 131/2020*, ** Communication submitted by: S.H.S.M. and J.H.S.M. (represented by counsel, Emmi Wehka-aho and Atlas Saarikoski) Alleged victims: The authors State Party: Finland Date of communication: 18 December 2020 (initial submission) Subject matter: Return to Greece under Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 (the Dublin III Regulation) Substantive issues: Non-refoulement; best interests of the child Articles of the Convention: 3, 4, 6, 12, 22, 24, 26–28, 31, 34, 36 and 37 1. The authors of the communication are S.H.S.M. and J.H.S.M., nationals of Afghanistan born in 2007 and 2008 respectively. The authors allege that the State Party has violated their rights under articles 3, 4, 6, 12, 22, 24, 26 to 28, 31, 34, 36 and 37 of the Convention by deciding to return them to Greece. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 12 February 2016. 2. On an unspecified date, the authors arrived in Greece, where they were granted asylum. In 2020, they left Greece for Finland. On 3 June 2020, they applied, together with their parents, for international protection in Finland. On 25 November 2020, the Finnish Immigration Service denied residence permits to the authors and their parents and dismissed their application for international protection. The authors and their parents were refused entry pending removal to Greece and they were banned from entering Finland for a period of two years. On 11 December 2020, the authors and their parents filed an appeal with Helsinki Administrative Court and requested prohibition of enforcement. On 14 December 2020, Helsinki Administrative Court rejected the application for prohibition of enforcement. On 18 December 2020, Helsinki Administrative Court suspended the decision of the Finnish Immigration Service while the appeal was pending.
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sophie Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/131/2020 Convention on the Rights of the Child Distr.: General 13 February 2026 Original: English CRC/C/100/D/131/2020 2 GE.26-01408 3. On 18 December 2020, pursuant to article 6 of the Optional Protocol, the working group on communications, acting on behalf of the Committee, requested the State Party to refrain from returning the authors and their parents to Greece while their case was under consideration by the Committee. 4. On 19 April 2021, the State Party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits. On 18 August 2021, the State Party submitted its observations on the admissibility and merits of the communication. The State Party noted that the Supreme Administrative Court had not yet rendered its decision, and that the matter was still pending before the Court. 5. On 28 December 2021, the authors submitted a proposal for a friendly settlement at the national level, which did not result in an agreement. 6. On 3 January 2022, the authors provided their comments on the State Party’s observations. On 12 April 2022, the State Party submitted further observations on the communication. On 20 October 2023, the Committee, acting through its working group on communications, decided to suspend the consideration of the communication. 7. On 29 August 2024, the State Party informed the Committee that, on 20 September 2022, the Supreme Administrative Court had prohibited the enforcement of the removal order until the request for leave to appeal was decided or ordered otherwise. On 27 October 2023, the Supreme Administrative Court had rejected the request for leave to appeal with respect to international protection but granted leave to appeal in other respects and had examined the matter. The State Party informed the Committee that the Supreme Administrative Court had overturned the decisions of Helsinki Administrative Court and the Finnish Immigration Service to deny the authors and their parents residence permits, deny them entry and ban them from re-entering Finland, and had returned the matter back to the Finnish Immigration Service to be re-examined. On 26 July 2024, the Finnish Immigration Service had granted the authors and their parents continuous residence permits on a discretionary basis on humanitarian grounds, in accordance with section 52 of the Aliens Act, valid for one year from the date of the decision. The State Party therefore requested the Committee to discontinue its consideration of the communication and to withdraw its request for interim measures. On 31 January 2025, the authors informed the Committee that they partially agreed with the State Party’s request. The authors asked that the Committee confirm the violation of the children’s rights due to the prolonged international protection process. 8. At a meeting on 30 January 2026, the Committee, taking into account that the authors and their parents had been granted residence permits and were therefore no longer at risk of being returned to Greece, considered that the case had become moot and decided to discontinue the consideration of communication No. 131/2020 in accordance with rule 26 of its rules of procedure under the Optional Protocol.