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 (7 Absätze)
E. 1 The authors of the communication are S.M. and A.M., nationals of Somalia born in 2011 and 2010 respectively. The authors allege that the State Party has violated their rights under articles 3 (1), 12 (1), 22 (1), 23, 24, 27, 28, 37 and 39 of the Convention by deciding to return them to Greece together with their mother. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 12 February 2016.
E. 2 In 2018, the authors arrived in Greece, where they were granted asylum in decisions of 19 September 2019. On 10 November 2021, they applied for asylum in Finland. On 2 September 2022, the Finnish Immigration Service decided not to examine the asylum application on the basis of Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 (the Dublin III Regulation) and ordered that the authors be returned to Greece, where they had been granted asylum. On 16 September 2022, the authors filed an appeal with Helsinki Administrative Court and requested prohibition of the enforcement of the decision to refuse them entry. On 16 September 2022, Helsinki Administrative Court, in an interim decision, rejected the authors’ request to suspend the execution of the return decision. The authors’ subsequent request to suspend the execution of the decision was also dismissed by the same court.
* 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/198/2022 Convention on the Rights of the Child Distr.: General 13 February 2026 Original: English CRC/C/100/D/198/2022 2 GE.26-01426
E. 3 On 5 October 2022, 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 to Greece while their case was under consideration by the Committee.
E. 4 On 4 December 2022, the State Party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits. 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 23 January 2023, the authors provided their comments on the State Party’s observations. On 5 July 2023, the Committee, acting through its working group on communications, decided to suspend the consideration of the communication.
E. 6 On 18 December 2024, the State Party informed the Committee that, on 30 November 2023, the Supreme Administrative Court had overturned the decisions of Helsinki Administrative Court and the Finnish Immigration Service and referred the matter back to the Finnish Immigration Service to be re-examined. On 16 October 2024, the Finnish Immigration Service had granted the authors and their mother 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 9 April 2025, the authors informed the Committee that they disagreed with the State Party’s request, explaining that the negative decision made in 2022 had led to an unjust and prolonged process that had caused severe health issues for S.M.
E. 7 At a meeting on 30 January 2026, the Committee, taking into account that the authors and their mother 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. 198/2022 in accordance with rule 26 of its rules of procedure under the Optional Protocol.
Volltext (verifizierbarer Originaltext)
GE.26-01426 (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. 198/2022*, ** Communication submitted by: S.M. and A.M. (represented by counsel, Vellamo Jutila) Alleged victims: The authors State Party: Finland Date of communication: 4 October 2022 (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 (1), 12 (1), 22 (1), 23, 24, 27, 28, 37 and 39 1. The authors of the communication are S.M. and A.M., nationals of Somalia born in 2011 and 2010 respectively. The authors allege that the State Party has violated their rights under articles 3 (1), 12 (1), 22 (1), 23, 24, 27, 28, 37 and 39 of the Convention by deciding to return them to Greece together with their mother. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 12 February 2016. 2. In 2018, the authors arrived in Greece, where they were granted asylum in decisions of 19 September 2019. On 10 November 2021, they applied for asylum in Finland. On 2 September 2022, the Finnish Immigration Service decided not to examine the asylum application on the basis of Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 (the Dublin III Regulation) and ordered that the authors be returned to Greece, where they had been granted asylum. On 16 September 2022, the authors filed an appeal with Helsinki Administrative Court and requested prohibition of the enforcement of the decision to refuse them entry. On 16 September 2022, Helsinki Administrative Court, in an interim decision, rejected the authors’ request to suspend the execution of the return decision. The authors’ subsequent request to suspend the execution of the decision was also dismissed by the same court.
* 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/198/2022 Convention on the Rights of the Child Distr.: General 13 February 2026 Original: English CRC/C/100/D/198/2022 2 GE.26-01426 3. On 5 October 2022, 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 to Greece while their case was under consideration by the Committee. 4. On 4 December 2022, the State Party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits. 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 23 January 2023, the authors provided their comments on the State Party’s observations. On 5 July 2023, the Committee, acting through its working group on communications, decided to suspend the consideration of the communication. 6. On 18 December 2024, the State Party informed the Committee that, on 30 November 2023, the Supreme Administrative Court had overturned the decisions of Helsinki Administrative Court and the Finnish Immigration Service and referred the matter back to the Finnish Immigration Service to be re-examined. On 16 October 2024, the Finnish Immigration Service had granted the authors and their mother 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 9 April 2025, the authors informed the Committee that they disagreed with the State Party’s request, explaining that the negative decision made in 2022 had led to an unjust and prolonged process that had caused severe health issues for S.M. 7. At a meeting on 30 January 2026, the Committee, taking into account that the authors and their mother 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. 198/2022 in accordance with rule 26 of its rules of procedure under the Optional Protocol.