Waiting time for an appeal

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reindeer
Posts: 138
Joined: Mon May 21, 2012 7:10 pm

Re: Waiting time for an appeal

Post by reindeer » Thu Apr 18, 2013 3:16 pm

You can reapply. The difference is that the second time they may issue a refusal of entry/expulsion order, and if necessary enforce it, even while your application is being processed.
Can I get that information somewhere, I mean officially in some laws for example?



Re: Waiting time for an appeal

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Rip
Posts: 5583
Joined: Tue Dec 30, 2008 12:08 pm

Re: Waiting time for an appeal

Post by Rip » Thu Apr 18, 2013 4:22 pm

So why can one not stay in Finland indefinitely without any good reason by just making new applications one after another?
I guess it must be these parts of the Aliens Act:
Residence, movement and transit
Section 40
Right of residence
--
(3)An alien may reside legally in the
country while his or her application is being
processed until there is a final decision on the
matter or an enforceable decision on his or
her removal from the country.
Section 148
Grounds for refusal of entry
--
An alien who has entered the country
without a residence permit and who is
required to hold a visa or residence permit to
stay in Finland but who has not applied for
one or has not been issued with one may also
be refused entry.


reindeer
Posts: 138
Joined: Mon May 21, 2012 7:10 pm

Re: Waiting time for an appeal

Post by reindeer » Thu Apr 18, 2013 4:34 pm

(3)An alien may reside legally in the
country while his or her application is being
processed until there is a final decision on the
matter or an enforceable decision on his or
her removal from the country.
The question is what's the final decision? Is it the one made by the Administrative court, Police or Supreme court?


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rinso
Posts: 3748
Joined: Fri Aug 25, 2006 7:22 pm

Re: Waiting time for an appeal

Post by rinso » Thu Apr 18, 2013 4:41 pm

The question is what's the final decision? Is it the one made by the Administrative court, Police or Supreme court?
The decision where there is no appeal entered and the appeal period is closed or there is no appeal (in Finland) possible.


cors187
Posts: 1861
Joined: Sun Feb 06, 2011 11:59 pm
Location: land of the thunder hammers

Re: Waiting time for an appeal

Post by cors187 » Thu Apr 18, 2013 6:22 pm

reindeer wrote:
(3)An alien may reside legally in the
country while his or her application is being
processed until there is a final decision on the
matter or an enforceable decision on his or
her removal from the country.
The question is what's the final decision? Is it the one made by the Administrative court, Police or Supreme court?
Why dont you add information regarding what your appeal is ?
First res-permit?
Extension to res-permit?
Family?
Employment?
What???
EDIT#I did a search and I see that your details are in another thread.


cors187
Posts: 1861
Joined: Sun Feb 06, 2011 11:59 pm
Location: land of the thunder hammers

Re: Waiting time for an appeal

Post by cors187 » Thu Apr 18, 2013 6:55 pm



reindeer
Posts: 138
Joined: Mon May 21, 2012 7:10 pm

Re: Waiting time for an appeal

Post by reindeer » Thu Apr 18, 2013 8:15 pm

Thanks for your link. In the document, its stated that the applicant can appeal further to the supreme court if they leave to appeal. How can I know that if they leave or not?


cors187
Posts: 1861
Joined: Sun Feb 06, 2011 11:59 pm
Location: land of the thunder hammers

Re: Waiting time for an appeal

Post by cors187 » Thu Apr 18, 2013 8:45 pm

reindeer wrote:
Thanks for your link. In the document, its stated that the applicant can appeal further to the supreme court if they leave to appeal. How can I know that if they leave or not?
It talks about your application (not your body), it needs permission to move from one court to the other.


reindeer
Posts: 138
Joined: Mon May 21, 2012 7:10 pm

Re: Waiting time for an appeal

Post by reindeer » Thu Apr 18, 2013 9:06 pm

There are big differences between the Supreme court and the Supreme administrative court. The former deals with criminal and civil matters while the later deals with administrative stuffs. They are different judicial systems. The leave to appeal is rarely granted for the Supreme court while most of the categories of the cases handled by the Supreme administrative court are not subject to the requirement of leave to appeal. Therefore in most of the cases, we can appeal to the Supreme administrative court.

http://www.kko.fi/29538.htm
http://www.kho.fi/en/21404.htm
http://en.wikipedia.org/wiki/Judicial_system_of_Finland


cors187
Posts: 1861
Joined: Sun Feb 06, 2011 11:59 pm
Location: land of the thunder hammers

Re: Waiting time for an appeal

Post by cors187 » Thu Apr 18, 2013 9:18 pm

reindeer wrote:There are big differences between the Supreme court and the Supreme administrative court. The former deals with criminal and civil matters while the later deals with administrative stuffs. They are different judicial systems. The leave to appeal is rarely granted for the Supreme court while most of the categories of the cases handled by the Supreme administrative court are not subject to the requirement of leave to appeal. Therefore in most of the cases, we can appeal to the Supreme administrative court.

http://www.kko.fi/29538.htm
http://www.kho.fi/en/21404.htm
http://en.wikipedia.org/wiki/Judicial_system_of_Finland
Open up to the forum why your case is not being correctly decided ?Im interested or send me a PM.


reindeer
Posts: 138
Joined: Mon May 21, 2012 7:10 pm

Re: Waiting time for an appeal

Post by reindeer » Thu Apr 18, 2013 10:05 pm

The document in this link http://www.migri.fi/download/15991_Oles ... ja_eng.pdf and whats said on the Supreme administrative court contradict themselves. The link says that the leave to appeal is rarely granted while the site says its mostly not a subject to leave to appeal. Any ideas please! Am so confused now.


Rip
Posts: 5583
Joined: Tue Dec 30, 2008 12:08 pm

Re: Waiting time for an appeal

Post by Rip » Thu Apr 18, 2013 10:26 pm

reindeer wrote:There are big differences between the Supreme court and the Supreme administrative court. The former deals with criminal and civil matters while the later deals with administrative stuffs. They are different judicial systems. The leave to appeal is rarely granted for the Supreme court while most of the categories of the cases handled by the Supreme administrative court are not subject to the requirement of leave to appeal. Therefore in most of the cases, we can appeal to the Supreme administrative court.
Leave to appeal is required for decisions made based on the Aliens Act (Section 196 of Aliens Act) while it is not required for decisions based on the Nationality Act (section 42).


reindeer
Posts: 138
Joined: Mon May 21, 2012 7:10 pm

Re: Waiting time for an appeal

Post by reindeer » Thu Apr 18, 2013 10:33 pm

Rip wrote:
reindeer wrote:There are big differences between the Supreme court and the Supreme administrative court. The former deals with criminal and civil matters while the later deals with administrative stuffs. They are different judicial systems. The leave to appeal is rarely granted for the Supreme court while most of the categories of the cases handled by the Supreme administrative court are not subject to the requirement of leave to appeal. Therefore in most of the cases, we can appeal to the Supreme administrative court.
Leave to appeal is required for decisions made based on the Aliens Act (Section 196 of Aliens Act) while it is not required for decisions based on the Nationality Act (section 42).
So how likely can a case about RP be granted a leave to appeal?


cors187
Posts: 1861
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Location: land of the thunder hammers

Re: Waiting time for an appeal

Post by cors187 » Thu Apr 18, 2013 10:46 pm

http://www.kko.fi/29535.htm
A decision on the granting of leave to appeal is made upon application. The application must indicate the grounds on which leave to appeal should be granted, i.e. whether the case creates precedent, involves an error in procedure or there are other weighty reasons. The application must further indicate the reasons on the basis of which the applicant considers that there are grounds for granting leave to appeal. In brief, the application for leave to appeal must set out the grounds.
Heres the meat of "leave of Appeal"-Grounds need to be shown in the application.


reindeer
Posts: 138
Joined: Mon May 21, 2012 7:10 pm

Re: Waiting time for an appeal

Post by reindeer » Thu Apr 18, 2013 10:52 pm

cors187 wrote:http://www.kko.fi/29535.htm
A decision on the granting of leave to appeal is made upon application. The application must indicate the grounds on which leave to appeal should be granted, i.e. whether the case creates precedent, involves an error in procedure or there are other weighty reasons. The application must further indicate the reasons on the basis of which the applicant considers that there are grounds for granting leave to appeal. In brief, the application for leave to appeal must set out the grounds.
Heres the meat of "leave of Appeal"-Grounds need to be shown in the application.
Note that this is the Supreme court, not the Supreme administrative court and it may not true for the administrative cases.
The majority of the categories of cases handled by the Supreme Administrative Court are not subject to the requirement of leave to appeal. As a rule, therefore, the parties have a right to appeal, and the Supreme Administrative Court issues a decision on merits.
http://www.kho.fi/en/21404.htm


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