Applicant (Iraq) v Finnish Immigration Service
FI: Supreme Administrative Court rejects issuance of residence permit for parents of Iraqi national granted refugee status, due to lack of fixed family life
According to Yearbook decisions 2020:
The question was whether the residence permit applied for by the parents of an Iraqi national who had been granted refugee status in Finland, could not be issued on the grounds that the fixed family life between the persons concerned had been broken.
The family-member and his parents had lived in the same household in Iraq and for about a year and a half in Syria. The family-member had lived together with his parents all his life until he left Iraq for Turkey in 2013. The reason for leaving the family and his home country Iraq had been his persecution there.
The family-member had been staying in Turkey for about two years before travelling to Finland. During these two years, the parents of the family-member had visited Turkey twice. However, they had decided to return to Iraq.
After two years of living separately from each other in different countries before the family-member left for Finland, it should be considered that the family life they had previously had, have broken down during this period. The two-month visit to Turkey by the parents of the family-member and communication by phone could not be an indication of the continuation of a fixed family life. Since living separately had been the result of the family-member parents' own decision to stay in Iraq, the family-member's and the parents fixed family life could not be considered to have ended for compelling reasons as a result of the family-member's refugee status, but voluntarily as a result of the choice of place of residence of the family-member parents.
Following the break of the family life of the family-member and his or her parents, the condition for the extension of a previously held fixed family life in Finland was not fulfilled for the granting of a residence permit for other relatives.
Asylum Procedures/Special Procedures; Family Reunification; Iraq;
Supreme Administrative Court (KHO) Official Website
Finland, Supreme Administrative Court [Korkein hallinto-oikeus], Applicant (Iraq) v Finnish Immigration Service, ECLI:FI:KHO:2020:69, 10 June 2020. Link redirects to the English summary in the EASO Case Law Database.