Research Directorate, Immigration and Refugee Board of Canada

1. Legal Framework

According to a 2018 country report on Sweden for the Asylum Information Database (AIDA), coordinated by the European Council on Refugees and Exiles (ECRE) [1], the legal framework relevant to "asylum procedures, reception conditions, detention and content of protection" in Sweden includes the following "[m]ain legislative acts":

• Aliens Act, 2005;
• Law on Reception of Asylum Seekers and Others, 1994; and
• Law on Temporary Limitations to the Possibility of Being Granted a Residence Permit in Sweden, 2016 (ECRE 2019-04, 9).

The same source also indicates the following "[m]ain implementing decrees and administrative guidelines and regulations":

• Aliens Act Ordinance, 2006; and
• Ordinance on the Act on Reception of Asylum Seekers, 1994 (ECRE 2019-04, 9).

The AIDA report specifies that the competent authority for refugee status determination is the Migration Agency (Migrationsverket), stating that

[t]he Migration Agency is the central administrative authority in the area of asylum and subordinate to the [g]overnment as a whole. It reports to and cooperates at various levels with the Ministry of Justice. According to Swedish legislation, the Migration Agency, as is the case with all authorities, is fully independent from the [g]overnment as well as the Parliament in relation to individual decisions and the [g]overnment is prohibited from influencing its decisions. (ECRE 2019-04, 12, 13)

The same source reports that the Law on Temporary Limitations to the Possibility of Being Granted a Residence Permit in Sweden came into effect in July 2016 and was prolonged in July 2019 for two years (ECRE 2019-04, 9, 80).

1.1 Asylum Regulations

According to the website of the Swedish Migration Agency,

a person is considered a refugee when they have well-founded reasons to fear persecution due to

• race
• nationality
• religious or political beliefs
• gender
• sexual orientation, or
• affiliation to a particular social group.

…

Persons with a refugee status declaration are normally given a residence permit for three years. (Sweden 2020-02-10)

The same source states that the Swedish Migration Agency also grants "[p]ersons with a [subsidiary] protection status declaration … a residence permit for 13 months," which is defined as a person who

• is at risk of being sentenced to death
• is at risk of being subjected to corporal punishment, torture or other inhumane or degrading treatment or punishment, or
• as a civilian, is at serious risk of injury due to armed conflict. (Sweden 2020-02-10)

The Swedish Migration Agency may also grant a residence permit in "exceptional cases" where "a decision to deny [a] residence permit would conflict with Sweden's international obligations," such as "people with very serious health issues or people subjected to human trafficking" (Sweden 2020-02-10).

The Migration Agency also indicates that it will not grant asylum if the claimant "committed war crimes, crimes against humanity or other serious crimes, or if [they] pose a threat to the country's safety," but can receive a residence permit for an undefined "limited" period if they are "unable to return to [their] country of origin on the grounds that [they] risk being killed or persecuted there" (Sweden 2020-02-10).

The AIDA report indicates that since 2016, there are different tracks through which asylum claims can be processed, including the following:

• the regular asylum procedure, including: track 1 (presumed positive outcome) and track 2 (presumed negative outcome);
• the delayed cases processing, where handling time "will extend more than 6 months because of the complexities of the case" (track 3);
• the accelerated procedure for the "manifestly unfounded cases" (track 4A) or cases coming from low recognition rate countries (track 4B);
• the Dublin [2] cases (track 5A); and
• the admissibility procedure, through which "an application can be dismissed as inadmissible," including: track 5B ("applicant has been granted protection in another EU member state, or in Norway, Switzerland, Iceland or Liechtenstein") and track 5C (applicant has been granted protection in another country excluding those in 5B) (ECRE 2019-04, 14, 20, 35, 36).

According to the AIDA report, in the accelerated procedure, a decision must be rendered within three months; if a case takes longer, it will be transferred to the regular procedure (ECRE 2019-04, 37). As of April 2019, AIDA lists the countries with a low recognition rate as follows: Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Colombia, Côte d'Ivoire, Cuba, Egypt, El Salvador, Georgia, Kazakhstan, Kyrgyzstan, Kosovo, Macedonia, Morocco, Moldavia, Mongolia, Montenegro, Serbia, Tunisia, Ukraine and Vietnam (ECRE 2019-04, 36). As for the "manifestly unfounded" cases, the AIDA report adds that, since a ruling by the Court of Justice of the European Union (CJEU) published in July 2018, "Sweden can no longer use the procedure for immediately expelling persons with manifestly unfounded claims on the basis that the applicant comes from a Safe Country of Origin, since Swedish national legislation does not include a list of safe countries of origin" (ECRE 2019-04, 36).

2. Asylum Procedures

According to the Swedish Migration Agency,

[i]f you want to apply for asylum in Sweden you need to go to the Migration Agency to hand in your application. It is not possible to apply for asylum before you get to Sweden.

If you meet the border police when entering Sweden you have to tell them that you want to apply for asylum. There are border police for example at the passport control point in international airports, at ferry terminals and where trains and buses enter Sweden. The border police will ask you some questions and will then refer you to the Migration Agency, where you hand in your asylum application.

If you are already in Sweden, you should contact the Migration Agency yourself. You can apply for asylum at one of the Migration Agency's application units in Gothenburg, Malmö or Stockholm. (Sweden 2020-02-10)

According to the Migration Agency, refugees applying for asylum in another country via the UNHCR are the sole exception (Sweden 2017-06-26).

2.1 Application

According to the Swedish Migration Agency, applicants "must fill in forms with questions about things like [their] name, citizenship and family" (Sweden 2017-07-03). The Swedish Migration Agency also states that applicants will have an application interview where they will need to "describe who [they] are, why [they] want to apply for asylum and how [they] travelled to Sweden," as well as about family and health (Sweden 2020-02-05). The same source also states that

[t]he Migration Agency will register you as an asylum seeker using the name and other information given in your identification documents. This may mean, for example, that transgender persons are registered under the name and gender that they were designated at birth. Swedish law does not allow us to register you under any other name, but if you want to use another first name or personal pronoun you need to tell us, and we will make a note of this. It's also a good idea if you tell us at this stage if you have special reasons for wanting an interpreter, counsel or investigator of a particular gender, or if you don't want to share a room with other asylum seekers of a particular gender. (Sweden 2020-02-05)

If, during the application, it is

obvious that there are no grounds for granting you asylum, the investigator will explain that the Migration Agency does not consider that you have any reasons for asylum, and that a decision will be issued to you within a few weeks. If you have no valid reasons at all for asylum you will receive a decision on refusal of entry with immediate effect. (Sweden 2020-02-05)

2.2 Identification

The Swedish Migration Agency states that

[i]f you have a passport or any other identification documents you have to hand them in to prove your identity: what your name is, when you were born and what country you are a citizen of. It is important that you show your identity in order for the Migration Agency to be able to make the correct decision.

If you are unable to hand in any identification documents you have to try to prove who you are in some other way. This you can do, for example, with your birth certificate, family or military registration documents or marriage certificate. Such documents do not individually prove your identity, but sometimes several documents together are accepted as proof of your identity. (Sweden 2020-02-05)

The Migration Agency elaborates that a passport or identity card "must be issued by the authorities in [the] country of origin and include a photo … An identity document must show [the applicant's] name, … citizenship and … date of birth" (Sweden 2017-02-22). The same source states that "[i]t is possible to be granted asylum in Sweden even if you have not established your identity. It may be enough for you to provide reliable and credible information about who you are and where you come from" (Sweden 2017-02-22). In a telephone interview with the Research Directorate, a representative of the Swedish Migration Agency's Contact Centre stated that the information provided to credibly establish identity could include descriptions of where the claimants lived, such as directions and landmarks, and that the Migration Agency may perform a language analysis (Sweden 2020-01-30).

2.2.1 Fingerprints and Photographs

Regarding fingerprints and photographs, the Swedish Migration Agency states that

[w]hen you apply for asylum you will be photographed and your fingerprints will be taken. Your photograph will be added to the Migration Agency's register and will be used on the Asylum Seeker card (LMA-card [Lagen om mottagande av asylsökande (Swedish Reception of Asylum Seekers' Act)]) you will receive as proof that you are an asylum seeker. Children under the age of six do not have to have their fingerprints taken.

The fingerprints are used to check whether you have applied for asylum in any other Schengen country and if you have a residence permit or prohibition in any Schengen country. If the fingerprint check shows that you have been registered in another country on your way to Sweden, or that you have already applied for asylum in another country, the Migration Agency will determine which country should examine your application for asylum. In determining this, the EU's Dublin Regulation will be applied.

No fingerprint check is carried out for children under the age of 14. (Sweden 2020-02-05)

2.3 Investigations

According to the Swedish Migration Agency, an asylum investigation will be prepared following an application for asylum (Sweden 2017-07-03). The same source indicates that the waiting period for an investigation can "vary from person to person," and that claimants will receive a letter by post that states "when and where [they] will see an investigator" (Sweden 2017-07-03). The same source describes the investigation as follows:

• The investigator will start by telling you what the interview is about and what rights and obligations you have. For example, you are obliged to tell the truth and not to hide anything. The investigator and the interpreter have a professional duty of confidentiality.
• If you need a public counsel, the counsel can be present at the interview.
• With the help of an interpreter, you must say who you are, where you come from, why you are seeking asylum and what you think might happen to you if you[] have to return to your homeland. You will also get questions about your family, your health and your occupational background.
• You are responsible for telling all your reasons for seeking asylum, and for providing evidence, if you have any, that you want the Migration Agency to consider.
• The investigator keeps minutes of what is said. If you have a public counsel, the counsel shall approve the minutes, which are then filed together with all the documents you have handed in.
• At the end of the interview, you can ask questions about the asylum process or anything else to do with your contacts with the Migration Agency. (Sweden 2017-07-03)

2.4 Decisions

According to the Swedish Migration Agency,

• [t]he decision is based on your account and the documents you have handed in to support what you have told about your identity and your reasons for asylum, and the Migration Agency's knowledge about the situation in your homeland.
• After the decision, you will have an interview at the Migration Agency where an administrator tells you whether your application has been approved or refused, whether you have been given any particular status and what happens next.
• The decision is written in Swedish, but you will receive oral information about the decision from an interpreter. You will be told about the decision the Migration Agency has made and why we found that decision was the right one in your case. (Sweden 2017-07-03)

In a follow-up telephone interview with the Research Directorate, another representative of the Swedish Migration Agency's Contact Centre added that claimants will receive a copy of the decision (Sweden 2020-02-25).

If the application is rejected, the claimant can either accept the decision and sign a "declaration of acceptance," or they can appeal (Sweden 2019-09-05). Once the claimant signs the declaration of acceptance, they "cannot appeal against the decision," and will need to return to the country of origin, with a rejection decision "normally valid for four years" (Sweden 2019-09-05).

2.5 Appeal Procedures

After receiving the first instance decision, the claimant has three weeks to lodge an appeal before the Migration Court (ECRE 2019-04, 24; Sweden 2020-02-25).

According to the website of the Swedish National Courts Administration (Sveriges Domstolar),

[a] decision of the Swedish Migration Agency to reject an asylum application and simultaneous decision on refusal of entry or deportation can be appealed against. Appeals are submitted to the Swedish Migration Agency, which will first reconsider its decision. If the Swedish Migration Agency does not amend the decision, the appeal will be forwarded to a Migration Court.

In the Migration Court, the Swedish Migration Agency will be the opponent of the person who applied for asylum. The asylum seeker will often be represented by public counsel. The determination of the Migration Court can be appealed against to the Migration Court of Appeal. Appeals should be submitted to the Migration Court, which will forward the documents to the Migration Court of Appeal.

In order for the Migration Court of Appeal to entertain an appeal, leave to appeal must first be granted.

If the Migration Court of Appeal does not grant leave to appeal, the decision of the Migration Court will remain in force and it will not be possible to appeal further.

However, if leave to appeal is granted, this means that the case will be considered and determined by the Migration Court of Appeal.

The Migration Court of Appeal is the supreme instance and its decisions cannot be appealed against. (Sweden 2019-12-27)

According to an August 2019 guide for asylum seekers in Sweden, prepared by the Swedish Network of Refugee Support Groups (Flyktinggruppernas Riksråd, FARR) [3], the Migration Court of Appeal "grants hearings in very few cases" (FARR 2019-08, 65). Sources indicate that the role of the Migration Court of Appeal is to create precedence (ECRE 2019-04, 16; Sweden 2019-01-16, 2) or guidance in interpreting the law (FARR 2019-08, 65; Sweden 2019-01-16, 2).

2.6 Extending Permits

According to the Swedish Migration Agency,

[i]f you have a residence permit for a limited period and you want to remain in Sweden, you must apply for an extension before it expires. You may be granted an extended residence permit if you still need protection. You may also be granted a residence permit if you have other reasons for remaining in Sweden. (Sweden 2020-02-05)

Another page of the Migration Agency's website adds that

[i]f you want to stay in Sweden because you require protection (asylum), you must answer if you have the same reasons as before or if you have new reasons that you have not told about.

If you have the same reasons as before, you do not need to tell about them again. The Swedish Migration Agency is aware of the reasons you gave before.

You do not need to send in any appendices to show what needs for protection you have. If you only want to apply for an extension because you need protection in Sweden, it is enough to complete the online application or the application form. However, you may need to send in appendices if you marked that you have several reasons to apply for an extension.

If you say that you have new reasons, we will contact you to find out more about why you need protection. New reasons for protection may be, for example, that something happened after you applied for asylum, something that you have not told the Swedish Migration Agency or the court. (Sweden 2020-02-03)

The Migration Agency will send a personal code for online application two months before the permit ends; individuals cannot apply earlier, but they must apply before the permit expires, otherwise benefits or right to work could be lost (Sweden 2020-02-03). The same source also explains that the Migration Agency will decide if protection is required as a refugee or as person in need of subsidiary protection, and if the applicant has a right to residence and for how long (Sweden 2020-02-03). The applicant can submit an appeal if they "do not get a residence permit, or if [they] do not receive the protective status declaration [they] want"; it is not possible to appeal if the applicant is granted a temporary residence permit (Sweden 2020-02-03).

The Migration Agency notes that if a refugee has employment that will provide for them once the temporary residence permit expires, they are allowed to apply for a permanent residence permit (Sweden 2019-11-25).

3. Processing Times

The Swedish Migration Agency indicated the following average processing times:

• 229 days in 2015 (Sweden 2016-01-01);
• 328 days in 2016 (Sweden 2017-01-01);
• 496 days in 2017 (Sweden 2018-01-01);
• 507 days in 2018 (Sweden 2019-01-01);
• 288 days in 2019 (Sweden 2020-01-01);
• 272 days in November 2019 (Sweden 2020-01-01);
• 320 days in December 2019 (Sweden 2020-01-01); and
• 252 days in January 2020 (Sweden 2020-02-01).

Swedish courts indicated the following average processing times:

• According to the Administrative Court (Förvaltningsrätten) in Luleå, processing times for asylum cases for the period of January to June 2019 were 7.5 months (Sweden 2019-10-09);
• During the same period, the Administrative Court in Stockholm reported processing times of 5.6 months (Sweden 2019-08-13);
• Without specifying the time period, the Administrative Court in Malmö reported processing times for migration cases to be approximately 12 to 14 months (Sweden 2020-01-03); and
• Without specifying the time period, the Administrative Court in Gothenburg [Göteborg] reported processing times for asylum cases to be approximately 20 to 24 months (Sweden 2019-11-28).

Information on processing times for the Migration Court of Appeal could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Documents Issued to Asylum Claimants

According to the Swedish Migration Agency, the LMA card is a plastic card that carries a photo and indicates that the holder is an asylum seeker (Sweden 2020-02-17). The Migration Agency states that the card is not an identity card and that it "replaces the receipt" given to claimants at the asylum application (Sweden 2020-02-17). The same source indicates that the card "can be used as identification" when collecting postal packages, and entitles the holder to a reduced patient's fee for healthcare and prescriptions (Sweden 2020-02-17). The same source also notes that the "first LMA card is valid for four months" and that a replacement card, "valid for six months" will "automatically be sent to [the] reception centre where [the claimant] can collect it," and that the claimant is "required to return the card" after their asylum decision (Sweden 2020-02-17).

According to sources, asylum claimants have the right to copies of all documents concerning their asylum case (FARR 2019-08, 53; Sweden 2020-02-25). A representative of the Swedish Migration Agency stated that claimants can retrieve their files through a request on the Migration Agency website, or by visiting a reception unit of the Migration Agency (Sweden 2020-02-25). The representative added that a claimant's file includes their asylum application form, the decision, their residency permit, their work permit application, a copy of their passport, and that "some" of the investigation documents "may" be included (Sweden 2020-02-25).

5. Legal Representation

According to the 2018 AIDA report,

[f]ree legal aid is granted in all asylum cases in the regular procedure. The applicant can request a specific lawyer on the list administered by the Migration Agency and this choice must be respected even if the lawyer is located at a distance or is not available at the preferred time of the Migration Agency for an interview. However, in most cases, it is the Migration Agency that designates legal counsel. (ECRE 2019-04, 15)

The same source adds that "[f]ree legal aid is provided for making an application for leave to appeal. If leave is granted, further legal aid is provided" (ECRE 2019-04, 16).

FARR's asylum seekers guide states that "[m]ost asylum seekers have the right to legal counsel … paid by the Migration Agency or a Migration Court," and notes that public counsel will not be provided

• if the Migration Agency considers it to be self-evident that you will be granted a permit in Sweden.
• if your asylum claim is not Sweden's responsibility to assess. (Dublin cases sometimes)
• if the Migration Agency considers your claim to be manifestly unfounded. (FARR 2019-08, 49)

A representative of the Swedish Migration Agency stated that regular procedure claimants will receive a public legal representative until a decision is rendered, as well as through the appeals process (Sweden 2020-02-25).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), with "national reports documenting asylum procedures, reception conditions, detention and content of international protection in 23 countries" (ECRE n.d.a). The ECRE is an "alliance of 105 NGOs across 40 European countries" whose "mission is to protect and advance the rights of refugees, asylum-seekers and other forcibly displaced persons in Europe and in Europe's external policies" (ECRE n.d.b).

[2] "The Dublin Regulation is applied in all EU-countries along with Iceland, Liechtenstein, Norway and Switzerland (called Dublin countries)[.] It includes rules which determine which country is responsible for determining an asylum claim" (FARR 2019-08, 41).

[3] The Swedish Network of Refugee Support Groups (Flyktinggruppernas Riksråd, FARR) is a "national network consisting of, helping and coordinating groups and individuals who work voluntarily for asylum rights at the grass[roots] level. … They produce information about asylum rights and procedure in several languages" (AMERA International n.d.).

References

AMERA International. N.d. Rights in Exile Programme. "Sweden Pro Bono Directory." [Accessed 2020-02-17]

European Council on Refugees and Exiles (ECRE). 2019-04. Asylum Information Database (AIDA). Country Report: Sweden - 2018 Update. By Michael Williams of Flyktinggruppernas Riksråd (FARR) and Lisa Hallstedt. [Accessed 2020-01-16]

European Council on Refugees and Exiles (ECRE). N.d.a. Asylum Information Database (AIDA). "About AIDA." [Accessed 2020-02-26]

European Council on Refugees and Exiles (ECRE). N.d.b. "Our Work." [Accessed 2020-02-06]

Flyktinggruppernas Riksråd (FARR). 2019-08. Good Advice for Asylum Seekers in Sweden. [Accessed 2020-02-05]

Sweden. 2020-02-25. Swedish Migration Agency. Telephone interview with a representative of the Contact Centre.

Sweden. 2020-02-17. Swedish Migration Agency. "LMA Card for Asylum Seekers." [Accessed 2020-02-17]

Sweden. 2020-02-10. Swedish Migration Agency. "Asylum Regulations." [Accessed 2020-02-17]

Sweden. 2020-02-05. Swedish Migration Agency. "How to Apply for Asylum." [Accessed 2020-02-17]

Sweden. 2020-02-03. Swedish Migration Agency. "Extending a Residence Permit Under the Temporary Law." [Accessed 2020-02-05]

Sweden. 2020-02-01. Swedish Migration Agency. "Asylum Decisions, First Time Applications, Swedish Migration Agency, 2020." [Accessed 2020-02-05]

Sweden. 2020-01-30. Swedish Migration Agency. Telephone interview with a representative of the Contact Centre.

Sweden. 2020-01-03. Förvaltningsrätten i Malmö. "Uppskattade handläggningstider vid Förvaltningsrätten i Malmö." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2020-01-31]

Sweden. 2020-01-01. Swedish Migration Agency. "Asylum Decisions, First Time Applications, Swedish Migration Agency, 2019." [Accessed 2020-02-05]

Sweden. 2019-12-27. Sveriges Domstolar. "Migration." [Accessed 2020-01-31]

Sweden. 2019-11-28. Förvaltningsrätten i Göteborg. "Handläggningstider." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2020-01-31]

Sweden. 2019-11-25. Swedish Migration Agency. "Residence Permits for Those Granted Refugee Status." [Accessed 2020-02-05]

Sweden. 2019-10-09. Förvaltningsrätten i Luleå. "Handläggningstider." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2020-01-31]

Sweden. 2019-09-05. Swedish Migration Agency. "If Your Application for Asylum Is Rejected." [Accessed 2020-02-05]

Sweden. 2019-08-13. Förvaltningsrätten i Stockholm. "Handläggningstider." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2020-01-31]

Sweden. 2019-01-16. Sveriges Domstolar. "The Administrative Court in Stockholm." [Accessed 2020-01-31]

Sweden. 2019-01-01. Swedish Migration Agency. "Asylum Decisions, First Time Applications, Swedish Migration Agency, 2018." [Accessed 2020-02-05]

Sweden. 2018-01-01. Swedish Migration Agency. "Asylum Decisions, First Time Applications, Swedish Migration Agency, 2017." [Accessed 2020-02-05]

Sweden. 2017-07-03. Swedish Migration Agency. "Asylum – From Application to Decision." [Accessed 2020-02-03]

Sweden. 2017-06-26. Swedish Migration Agency. "Applying for Asylum." [Accessed 2020-02-04]

Sweden. 2017-02-22. Swedish Migration Agency. "Tell Us Who You Are." [Accessed 2020-02-05]

Sweden. 2017-01-01. Swedish Migration Agency. "Asylum Decisions, Swedish Migration Agency, 2016." [Accessed 2020-02-05]

Sweden. 2016-01-01. Swedish Migration Agency. "Asylum Decisions, Swedish Migration Board, 2015." [Accessed 2020-02-05]

Additional Sources Consulted

Oral sources: Public legal representatives (3) in Sweden; Sweden – embassy in Ottawa.

Internet sites, including: Austrian Red Cross – ecoi.net; BBC; Council of Europe – Commissioner for Human Rights; EU – Eurostat; Freedom House; Migration Policy Institute; Norway – Landinfo; Sweden – Government Offices, Lifos, Riksdag; Swedish Refugee Law Center; UN – Refworld, UNHCR; US – Department of State.