The Eastern Finnish Court of Appeals ruled that a Nigerian woman and her two children must be released from the Jusenno Detention Centre, where they were detained for nearly two months after refusing asylum claims.
Mary and her children (2 and six) will now be moved to the nearby Joutseno Open Reception Center while their second asylum application is applied for.
Finnish media reported last week that the court said the legal conditions for the detention of children have not been met.
It also ruled that separating children from mothers would not serve their best interests.
Finnish law states that detention of children is only allowed as a last resort and for the shortest period.
The ruling overturned an early ruling from the lower court, which expanded the detention of families.
Now, the family will move to the Joutseno Open Reception Center, while their re-apply will be asylum.
The 27-year-old woman initially traveled from Nigeria to Italy to find a better life.
However, she ended up being an S3X worker who fled to Finland last year to escape her violent husband.
She applied for asylum in Finland, but her application was immediately denied, citing that she had obtained a residence permit in Italy.
In the last application to Finnish authorities, the woman did not mention that she was a victim of human trafficking.
Emmi Wehka -Aho, the family’s legal counsel, confirmed that a second application has been submitted to the Finnish Immigration Service and a decision may be made in the next few weeks.
“I am satisfied with the Court of Appeal’s decision, which considers the matter from a child’s perspective. On the other hand, the obligation to sign is unreasonable.”
She added that the family wanted to stay in Finland, especially in Pori, where they had lived and established a support network.
