Legislator Case Law & Legislation
KKO 2047/1996 AI generated

Supreme Court allows return claim in rehabilitation proceedings when rehabilitation is deemed impossible.

Case Number KKO 2047/1996
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court permitted the applicant's claim for return to their home country following a rehabilitation procedure. The applicant argued that rehabilitation was futile due to the deteriorating condition of their home country, while the opposing party contended that the procedure had been completed. The court ruled that when rehabilitation is objectively impossible, the legal basis for the stay of deportation must be reassessed, allowing the return claim to proceed.

Legislator headnote

AI generated

YSL 35 § 3 mom; When rehabilitation procedures are deemed impossible due to the deteriorating conditions in the home country, the legal basis for the stay of deportation is no longer valid, permitting the return claim.

Keywords

AI generated
rehabilitation proceedings return claim deportation stay impossible rehabilitation home country conditions

Cited Legislation

AI generated
YSL 35 § 3 mom

Cited Case Law

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Full text

Kysymys oikeudesta vaatia takaisinsaantia saneerausmenettelyssä.

Ks. KKO:1995:130

YSL 35 § 3 mom