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 A.H.A., a national of Finland and Somalia, and M.A.A., her daughter, a national of Somalia born in 2002. The authors allege that the State Party has violated M.A.A.’s rights under articles 2, 3, 6, 9, 10, 12 and 16 of the Convention by deciding not to grant her a residence permit. The Optional Protocol entered into force for the State Party on 12 February 2016.
E. 2 On 6 October 2008, A.H.A. arrived in Finland as an asylum-seeker. On 1 April 2011, the Finnish Immigration Service granted her a residence permit on the basis of her family ties, namely her husband. On 24 November 2011, A.H.A. applied for a residence permit for M.A.A. on the basis of family ties. On 22 January 2014, the Finnish Immigration Service rejected her application, as M.A.A. was not considered to be a family member of A.H.A. as defined in the Aliens Act. The decision of the Finnish Immigration Service was appealed to Helsinki Administrative Court, which dismissed the appeal on 18 June 2015. The latter decision was not appealed and became final. On 1 March 2019, M.A.A. submitted a second application for a residence permit on the basis of family ties, which the Finnish Immigration Service rejected on 23 December 2019. The decision was appealed to Helsinki Administrative Court, which dismissed the appeal on 16 March 2021. On 31 August 2021, the Supreme Administrative Court decided not to grant leave to appeal the decision of the Helsinki Administrative 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/202/2022 Convention on the Rights of the Child Distr.: General 13 February 2026 Original: English CRC/C/100/D/202/2022 2 GE.26-01433
E. 3 On 1 December 2022, the working group on communications, acting on behalf of the Committee, registered the communication. On 1 February 2023, the State Party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits.
E. 4 On 14 April 2023, the authors provided their comments on the State Party’s observations. On 20 July 2023, the Committee, acting through its working group on communications, decided, pursuant to rule 18 (6) of its rules of procedure under the Optional Protocol, to consider the admissibility of the communication together with its merits.
E. 5 On 20 November 2023, the State Party submitted its observations on the admissibility and merits of the communication. On 13 May 2024, the authors provided their comments on the State Party’s observations.
E. 6 On 10 January 2025, the State Party informed the Committee that, in July 2024, M.A.A. had been granted international protection and a residence permit in Greece. On 15 August 2024, M.A.A. had applied for international protection in Finland. On 3 January 2025, the Finnish Immigration Service had granted M.A.A. a continuous residence permit 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. On 10 March 2025, the authors informed the Committee that they disagreed with the State Party’s request and asked the Committee to continue the consideration of the communication. The authors explained that the negative decisions made in the two family reunification processes between 24 November 2011 and 31 August 2021 had led to the unjust and prolonged separation of the authors.
E. 7 On 23 May 2025, the State Party submitted further observations on the communication and reiterated its request that the Committee discontinue its consideration of the communication.
E. 8 At a meeting on 30 January 2026, the Committee, taking into account that M.A.A. had been granted a residence permit, considered that the case had become moot and decided to discontinue the consideration of communication No. 202/2022 in accordance with rule 26 of its rules of procedure under the Optional Protocol.
Volltext (verifizierbarer Originaltext)
GE.26-01433 (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. 202/2022*, ** Communication submitted by: A.H.A. and M.A.A. (represented by counsel, Hannah Laari) Alleged victim: M.A.A. State Party: Finland Date of communication: 8 June 2022 (initial submission) Subject matter: Family reunification Substantive issues: Best interests of the child Articles of the Convention: 2, 3, 6, 9, 10, 12 and 16 1. The authors of the communication are A.H.A., a national of Finland and Somalia, and M.A.A., her daughter, a national of Somalia born in 2002. The authors allege that the State Party has violated M.A.A.’s rights under articles 2, 3, 6, 9, 10, 12 and 16 of the Convention by deciding not to grant her a residence permit. The Optional Protocol entered into force for the State Party on 12 February 2016. 2. On 6 October 2008, A.H.A. arrived in Finland as an asylum-seeker. On 1 April 2011, the Finnish Immigration Service granted her a residence permit on the basis of her family ties, namely her husband. On 24 November 2011, A.H.A. applied for a residence permit for M.A.A. on the basis of family ties. On 22 January 2014, the Finnish Immigration Service rejected her application, as M.A.A. was not considered to be a family member of A.H.A. as defined in the Aliens Act. The decision of the Finnish Immigration Service was appealed to Helsinki Administrative Court, which dismissed the appeal on 18 June 2015. The latter decision was not appealed and became final. On 1 March 2019, M.A.A. submitted a second application for a residence permit on the basis of family ties, which the Finnish Immigration Service rejected on 23 December 2019. The decision was appealed to Helsinki Administrative Court, which dismissed the appeal on 16 March 2021. On 31 August 2021, the Supreme Administrative Court decided not to grant leave to appeal the decision of the Helsinki Administrative 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/202/2022 Convention on the Rights of the Child Distr.: General 13 February 2026 Original: English CRC/C/100/D/202/2022 2 GE.26-01433 3. On 1 December 2022, the working group on communications, acting on behalf of the Committee, registered the communication. On 1 February 2023, the State Party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits. 4. On 14 April 2023, the authors provided their comments on the State Party’s observations. On 20 July 2023, the Committee, acting through its working group on communications, decided, pursuant to rule 18 (6) of its rules of procedure under the Optional Protocol, to consider the admissibility of the communication together with its merits. 5. On 20 November 2023, the State Party submitted its observations on the admissibility and merits of the communication. On 13 May 2024, the authors provided their comments on the State Party’s observations. 6. On 10 January 2025, the State Party informed the Committee that, in July 2024, M.A.A. had been granted international protection and a residence permit in Greece. On 15 August 2024, M.A.A. had applied for international protection in Finland. On 3 January 2025, the Finnish Immigration Service had granted M.A.A. a continuous residence permit 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. On 10 March 2025, the authors informed the Committee that they disagreed with the State Party’s request and asked the Committee to continue the consideration of the communication. The authors explained that the negative decisions made in the two family reunification processes between 24 November 2011 and 31 August 2021 had led to the unjust and prolonged separation of the authors. 7. On 23 May 2025, the State Party submitted further observations on the communication and reiterated its request that the Committee discontinue its consideration of the communication. 8. At a meeting on 30 January 2026, the Committee, taking into account that M.A.A. had been granted a residence permit, considered that the case had become moot and decided to discontinue the consideration of communication No. 202/2022 in accordance with rule 26 of its rules of procedure under the Optional Protocol.