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 (9 Absätze)
E. 1 The authors of the communication are S.H., R.Y., Z.H., S.H. and A.M.H., nationals of Afghanistan born on 1 January 1965, 1 January 1974, 9 September 2002, 21 December 2006 and 22 September 2011, respectively. They submit the communication on behalf of S.H. and A.M.H. The authors allege that the State party has violated the rights of S.H. and A.M.H. under articles 3, 6, 12, 22, 27, 28, 37 and 39 of the Convention. The authors are represented by counsel. The Optional Protocol entered into force for the State party on 12 February 2016.
E. 2 The authors fled from Afghanistan to the Islamic Republic of Iran, where they lived for 10 years, and later to Greece, via Türkiye, on an unspecified date. On 17 September 2020, the authors were granted international protection status and residence permits, valid from 14 December 2020 until 13 December 2021, in Greece, based on subsidiary protection. The authors experienced insufficient access to adequate shelter, education, food and health services in Greece. On 22 November 2021, they arrived in Finland and applied for asylum. On 13 May 2022, the Finnish Immigration Service refused to grant the family residence permits and declared their asylum applications inadmissible, with reference to Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 (the Dublin III Regulation). The authors thereafter filed an appeal with the Helsinki Administrative Court. The authors also filed a request for interim measures with the same Court to stay their deportation pending the outcome of the appeal. The Helsinki Administrative Court denied the request for interim measures on 9 June 2022. On 14 December 2022, the Helsinki Administrative Court delivered a negative decision on the appeal. On 27 December 2022, the authors lodged an appeal against the latter decision before
* Adopted by the Committee at its ninety-eighth session (13–31 January 2025). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Aïssatou Alassane Sidikou, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rinchen Chophel, Rosaria Correa, Bragi Gudbrandsson, Philip Jaffé, Otani Mikiko, Luis Ernesto Pedernera Reyna, Ann Skelton, Velina Todorova, Benoit Van Keirsbilck and Ratou Zara. United Nations CRC/C/98/D/187/2022 Convention on the Rights of the Child Distr.: General 10 February 2025 Original: English CRC/C/98/D/187/2022 2 GE.25-01684 the Supreme Administrative Court, renewing the request for interim measures. On 29 December 2022, the Supreme Administrative Court granted the interim measures.
E. 3 On 23 June 2022, the Committee, acting through its working group on communications, registered the communication and granted interim measures under article 6 of the Optional Protocol.
E. 4 On 23 August 2022, the State party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits.
E. 5 On 7 September 2022, the authors submitted a new request for interim measures. On 16 September 2022, the Committee, acting through its working group on communications, did not grant the request.
E. 6 On 12 October 2022, the authors provided comments on the State party’s observations.
E. 7 On 18 July 2024, the State party reported that, on 29 November 2023, the Supreme Administrative Court had overturned the decisions of the Finnish Immigration Service and the Helsinki Administrative Court. By a decision of 10 July 2024, the Finnish Immigration Service had granted the authors residence permits on a discretionary basis on humanitarian grounds, under section 52 of the Aliens Act, valid for one year from the date of the decision. The State party therefore requested that the Committee discontinue its consideration of the communication and lift its request for interim measures.
E. 8 On 3 October 2024, the authors requested that the Committee discontinue its consideration of the communication.
E. 9 At a meeting on 27 January 2025, the Committee, taking into account that the authors 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 consideration of communication No. 187/2022, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
Volltext (verifizierbarer Originaltext)
GE.25-01684 (E) 100225 100225 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. 187/2022*, ** Communication submitted by: S.H., R.Y., Z.H., S.H. and A.M.H. (represented by counsel, Kirsi Hytinantti) Alleged victims: S.H. and A.M.H. State party: Finland Date of communication: 16 June 2022 Subject matter: Deportation of an Afghan refugee family to Greece under the Dublin III Regulation Articles of the Convention: 3, 6, 12, 22, 27, 28, 37 and 39 1. The authors of the communication are S.H., R.Y., Z.H., S.H. and A.M.H., nationals of Afghanistan born on 1 January 1965, 1 January 1974, 9 September 2002, 21 December 2006 and 22 September 2011, respectively. They submit the communication on behalf of S.H. and A.M.H. The authors allege that the State party has violated the rights of S.H. and A.M.H. under articles 3, 6, 12, 22, 27, 28, 37 and 39 of the Convention. The authors are represented by counsel. The Optional Protocol entered into force for the State party on 12 February 2016. 2. The authors fled from Afghanistan to the Islamic Republic of Iran, where they lived for 10 years, and later to Greece, via Türkiye, on an unspecified date. On 17 September 2020, the authors were granted international protection status and residence permits, valid from 14 December 2020 until 13 December 2021, in Greece, based on subsidiary protection. The authors experienced insufficient access to adequate shelter, education, food and health services in Greece. On 22 November 2021, they arrived in Finland and applied for asylum. On 13 May 2022, the Finnish Immigration Service refused to grant the family residence permits and declared their asylum applications inadmissible, with reference to Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 (the Dublin III Regulation). The authors thereafter filed an appeal with the Helsinki Administrative Court. The authors also filed a request for interim measures with the same Court to stay their deportation pending the outcome of the appeal. The Helsinki Administrative Court denied the request for interim measures on 9 June 2022. On 14 December 2022, the Helsinki Administrative Court delivered a negative decision on the appeal. On 27 December 2022, the authors lodged an appeal against the latter decision before
* Adopted by the Committee at its ninety-eighth session (13–31 January 2025). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Aïssatou Alassane Sidikou, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rinchen Chophel, Rosaria Correa, Bragi Gudbrandsson, Philip Jaffé, Otani Mikiko, Luis Ernesto Pedernera Reyna, Ann Skelton, Velina Todorova, Benoit Van Keirsbilck and Ratou Zara. United Nations CRC/C/98/D/187/2022 Convention on the Rights of the Child Distr.: General 10 February 2025 Original: English CRC/C/98/D/187/2022 2 GE.25-01684 the Supreme Administrative Court, renewing the request for interim measures. On 29 December 2022, the Supreme Administrative Court granted the interim measures. 3. On 23 June 2022, the Committee, acting through its working group on communications, registered the communication and granted interim measures under article 6 of the Optional Protocol. 4. On 23 August 2022, the State party submitted its observations on the admissibility of the communication and requested that the admissibility be examined separately from the merits. 5. On 7 September 2022, the authors submitted a new request for interim measures. On 16 September 2022, the Committee, acting through its working group on communications, did not grant the request. 6. On 12 October 2022, the authors provided comments on the State party’s observations. 7. On 18 July 2024, the State party reported that, on 29 November 2023, the Supreme Administrative Court had overturned the decisions of the Finnish Immigration Service and the Helsinki Administrative Court. By a decision of 10 July 2024, the Finnish Immigration Service had granted the authors residence permits on a discretionary basis on humanitarian grounds, under section 52 of the Aliens Act, valid for one year from the date of the decision. The State party therefore requested that the Committee discontinue its consideration of the communication and lift its request for interim measures. 8. On 3 October 2024, the authors requested that the Committee discontinue its consideration of the communication. 9. At a meeting on 27 January 2025, the Committee, taking into account that the authors 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 consideration of communication No. 187/2022, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.