Finland: Decree No. 448 of 1991, Concerning the Asylum Board
|Publisher||National Legislative Bodies / National Authorities|
|Publication Date||4 March 1991|
|Cite as||National Legislative Bodies / National Authorities, Finland: Decree No. 448 of 1991, Concerning the Asylum Board, 4 March 1991, available at: http://www.refworld.org/docid/3ae6b4e318.html [accessed 15 September 2014]|
|Comments||This is an unofficial translation.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
SECTION 1: PROCEDURE FOR SUBMISSION OF CASES
1. Procedure for submission of cases in meetingsCases to be decided by the Asylum Board shall be heard at a plenary or a section meeting.
2. SectionsThe Asylum Board shall be divided into sections. The Chairman of the Board shall determine the number of sections.
The Chairman of the Board shall appoint the chairman and other members of each section. The same person may be appointed as chairman of more than one section. The Chairman of the Board shall also appoint vice-chairmen of sections.
3. Composition of a section meetingThe chairman of a section shall, in accordance with the principles established by the Chairman of the Asylum Board, determine the composition of the section for meetings.
4. Plenary meetingsWhere a case to be decided by the Asylum Board is of fundamental significance for decisions in other, similar cases, or where a section decision differs from earlier practice or where there are other valid reasons for a case to be heard in plenary meeting, the chairman of the Board or section may decide that the case is to be considered at a plenary meeting of the Board, or the section may refer the matter to such plenary meeting.
5. Preparation and presentation of casesA case shall be decided upon presentation.
The secretary of and officials presenting cases to the Asylum Board shall ensure that cases are prepared and presented.They may on behalf of the Board, without presenting the case, request explanations and opinions together with any other relevant information which may be necessary to reach a decision.
6. Oral deliberationsThe Asylum Board may take decisions following oral deliberations at a meeting. Before the meeting the chairman of the Board or of a section may likewise decide that oral deliberations may take place.
The parties or other persons whom it may be considered necessary to be heard may be called to attend oral deliberations.
It shall be stated in the invitation to the parties that their absence shall not prevent the case being heard and decided.
7. Compensation for expenditure incurred by witnesses and expertsPersons having been invited by the Chairman of the Asylum Board to give evidence shall be paid compensation from State funds in accordance with the Law concerning the defrayment from State funds of costs incurred in evidence (666/72). Other witnesses may also receive compensation in accordance with the above law, where it has been necessary to hear evidence in order to consider a case.
Experts shall be remunerated and compensated from State funds in accordance with the relevant provisions of section 17, article 53 of the Code of Legal Procedure.
8. VotingIf diverging views emerge in the course of the consideration of a case by the Asylum Board, a decision shall be reached by voting in accordance with the procedure applicable for courts in which decisions are taken collectively.
SECTION 2: REFERRAL PROCEDURE
9. ReferralThe Chairman of the Asylum Board shall determine the principles according to which cases to which findings in virtue of article 34 of the Law concerning aliens (378/91) are applicable shall be addressed to himself or one of the vice-chairmen.
10. Preparation of findingsThe Chairman and vice-chairmen shall present their findings without a report.
The secretary of the Board or the official presenting a case shall prepare the case for referral as appropriate.
SECTION 3: OFFICIALS AND THEIR DUTIES
11. PostsThe Board shall include the posts of Chairman and secretary respectively.
There may also be posts as vice-chairmen and members of the Asylum Board as well as of officials to present cases and of translator.There may also be other officials of the Board.
The post of Chairman of the Board shall be occupied without it being declared vacant.
12. Requirements for appointmentRequirements for the appointment of chairman, vice-chairman and the remaining members including that of secretary to the asylum Board shall be in accordance with article 56 of the Law concerning aliens.
An official who presents cases shall have a degree in law.Requirements for other posts shall be the relevant higher school examinations or such other qualifications which are appropriate to the post.
13. AppointmentAppointment as chairman, vice-chairman and other members including the secretary, to the Asylum Board shall be in accordance with article 56 of the Law concerning aliens.The remaining officials of the Board shall be nominated or appointed by the Chairman of the Board.
14. Representatives of the Chairman of the BoardIf the Chairman of the Asylum Board is not in a position to carry out his duties or if the post is vacant and there has been no substitute or interim appointment, the Chairman's duties shall be carried out by the vice-chairman appointed by the Chairman to do so.
15. Granting of leave of absenceLeave of absence may be granted by the Ministry of Justice to a member of the Asylum Board if such leave of absence is for a period of over one year or by the State Council in other instances.
If the post of chairman, vice-chairman or other member of the Asylum Board is vacant or if a substitute is needed for any other reason, the State Council shall decide on the appointment of a substitute or on an interim appointment for a period of up to one year. In other cases, the Ministry of Justice shall take such a decision.
16. Procedure for matters coming within the Board's mandateThe Chairman of the Asylum Board shall decide such matters which come within the mandate of the Board and governing which there is no regulation or decision to the effect that they shall be decided by any other official.
The Chairman may refer a decision on a matter or part thereof which comes under his authority to the secretary of the Board.However, any matter or part thereof which is directly attributed by law to the Chairman may not be referred.
The Chairman may, without a report, decide on those matters which are attributed to him. Other officials of the Board may decide, without a report, on matters attributed to them.
The Chairman may take a decision on a matter which may otherwise be decided by another official.
17. Duties of the secretaryThe secretary of the Board shall, in addition to those duties attributed to him by regulation or agreement:
1Deal with matters which come within the Board's mandate on behalf of the Chairman of the Board except where decided otherwise;
2Decide on any matters which the Chairman of the Board may refer to him;
3Direct and supervise the office work of the Board;
4Attend to the Board's information department;
5Attend to internal and external information questions, and
6Ensure the training of Board personnel.
18. Duties of officials presenting casesIn addition to the reports and preparation provided for in article 10, paragraph 2, an official responsible for presenting cases shall attend to such other duties coming within the mandate of the Board which the Chairman of the Board may have entrusted to him.He may be instructed to attend to duties normally attributed to the secretary of the Board when the latter is unable to do carry them out.
SECTION 4: SPECIAL PROVISIONS
19. DocumentsThe original document which provides the basis for the record containing a decision taken by the Asylum Board shall be signed by the Chairman at the meeting and countersigned by the person having reported the case.
Where voting takes place or where a diverging view has been noted by the official presenting the case, the vote or the divergence of views shall be indicated in the original document.
The records shall be signed by the Chairman, who shall be responsible for their consistency with the decision reached.The record shall indicate the name of the members having participated in the decision and, where the decision is not unanimous or where the official presenting the case has noted diverging views, that voting has taken place or that a divergence of views was recorded including the different opinions which may emerge from the original document, which shall be kept by the Board.
The record of matters other than those concerning legislative administration shall be signed by the official having decided the matter and countersigned by the official having presented the report where the matter has been decided on the basis of such presentation.
20. Rules of procedureSpecific directives concerning procedure and the conduct of business shall be issued as appropriate in the form of rules of procedure for the Asylum Board.
The rules of procedure shall be approved at a plenary meeting of the Board and adopted by the Ministry of Justice.