Can I get that information somewhere, I mean officially in some laws for example?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.
Waiting time for an appeal
Re: Waiting time for an appeal
Re: Waiting time for an appeal
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:
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.
Re: Waiting time for an appeal
The question is what's the final decision? Is it the one made by the Administrative court, Police or Supreme court?(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.
Re: Waiting time for an appeal
The decision where there is no appeal entered and the appeal period is closed or there is no appeal (in Finland) possible.The question is what's the final decision? Is it the one made by the Administrative court, Police or Supreme court?
Re: Waiting time for an appeal
Why dont you add information regarding what your appeal is ?reindeer wrote:The question is what's the final decision? Is it the one made by the Administrative court, Police or Supreme court?(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.
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.
Re: Waiting time for an appeal
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 wrote:http://www.migri.fi/download/15991_Oles ... ja_eng.pdf
Re: Waiting time for an appeal
It talks about your application (not your body), it needs permission to move from one court to the other.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?cors187 wrote:http://www.migri.fi/download/15991_Oles ... ja_eng.pdf
Re: Waiting time for an appeal
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
http://www.kko.fi/29538.htm
http://www.kho.fi/en/21404.htm
http://en.wikipedia.org/wiki/Judicial_system_of_Finland
Re: Waiting time for an appeal
Open up to the forum why your case is not being correctly decided ?Im interested or send me a 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
Re: Waiting time for an appeal
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.
Re: Waiting time for an appeal
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 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.
Re: Waiting time for an appeal
So how likely can a case about RP be granted a leave to appeal?Rip wrote: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 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.
Re: Waiting time for an appeal
http://www.kko.fi/29535.htm
Heres the meat of "leave of Appeal"-Grounds need to be shown in the application.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.
Re: Waiting time for an appeal
Note that this is the Supreme court, not the Supreme administrative court and it may not true for the administrative cases.cors187 wrote:http://www.kko.fi/29535.htmHeres the meat of "leave of Appeal"-Grounds need to be shown in the application.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.
http://www.kho.fi/en/21404.htmThe 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.