Author
Swedish legislation on cessation and revocation of status of international protection has changed since the implementation of relevant recast EU Directives. Relevant legislation can be found in Chapter 4 of the Aliens Act. There is no up-to-date English translation, but Sweden adheres to relevant EU legislation and international law.
A refugee or subsidiary protection status shall be withdrawn if the person cannot be regarded as a refugee or in need of subsidiary protection. The grounds for withdrawal are based on the grounds included in Qualification Directive article 14 and 19:[1] cessation, exclusion, committing a serious crime, danger to national security, and misrepresentation or omission of facts. According to case law, to withdraw subsidiary status due to committing a crime, at least one of the crimes committed must be a serious crime.[2]
Decisions on withdrawal of protection status are taken by the Migration Agency. There is no explicit requirement for conducting a personal interview, however the Migration Agency’s position is that a personal interview should be held in these cases given the impact the decision can have for the individual as well as the fact that the burden of proof rests with the Migration Agency. The beneficiary of protection will be informed by letter that the Migration Agency has started a case regarding withdrawal of status, including information on the reasons to start such a case. The beneficiary of protection will have the possibility to respond to relevant questions either in written form or at an interview. Withdrawal of status does not automatically lead to withdrawal of residence permit. A permanent residence permit may only be withdrawn when the permit was granted based on false information. If the person of concern has lived in Sweden more than four years, her/his permit may only be withdrawn when there are exceptional grounds. If the status should be withdrawn in the process of renewal of permit, a residence permit may be granted if the applicant fulfils the condition for another ground for residence permit. If the possibility of expulsion arises as a result of the withdrawal procedure, a legal counsel is appointed on the same grounds as in a normal asylum case.[3] Decisions to withdraw status can be appealed to the Migration Court, and Migration Court judgments can be appealed to the Migration Court of Appeal, subject to leave to appeal. The time limit for appeal is three weeks, and the Migration Court may assign a legal representative when a decision of withdrawal has been appealed.
On 21 November 2023, the Swedish Government instructed an official report of the Government to present an overview of the legal possibilities to deny and withdraw residence permits due to dishonourable conduct or other reasons. The report shall present its findings in January 2025.[4]
In a Government Bill in November 2023, the Government proposed that it shall be possible to withdraw a residence permit if it can be assumed that the person will engage in corporate espionage conducted by a foreign state or activity relating to terrorism. [5]
The Government has instructed the Migration Agency to give special priority to cases regarding withdrawal of residence permit.[6]
In 2022, 296 cases regarding residence permits and 788 cases concerning citizenship were reported to the Swedish Security Service.[7] The Migration Agency has no available statistics regarding reported cases to Swedish Security Service for 2023.
In 2022, Sweden withdrew international protection status for 361 individuals (251 refugee status, 110 subsidiary protection status). The three most common nationalities regarding refugee status were Afghanistan (72), Iraq (29) and Iran (29), regarding subsidiary protection status the most common nationalities were Afghanistan (58), Syria (38) and Iraq (5).[8]
In 2023, SMA withdrew international protection for 280 individuals (217 refugee status, 63 subsidiary protection) The most common nationalities regarding refugee status were Afghanistan (43), Iraq (28), Syria (23), regarding subsidiary protection status the most common nationalities were Syria (27), Afghanistan (18), and Somalia (5).[9]
[1] Aliens Act Chapter 4, Section 5 b, for refugee status and Aliens Act Chapter 4, Section 5 c, for subsidiary protection status.
[2] See case MIG 2020:16 the Migration Court of Appeal, available in Swedish at: https://tinyurl.com/3p69t97p.
[3] Migration Agency, Rättsligt ställningstagande. Förutsättningarna för att återkalla en skyddsstatusförklaring – RS/054/2021 (version 5.0), 8 December 2023, available in Swedish at: https://tinyurl.com/29wp6usm.
[4] Swedish government, ‘Skärpta krav på hederligt levnadssätt och ökade möjligheter till återkallelse av uppehållstillstånd’, Dir. 2023:158, 21 November 2023, available in Swedish at: https://bit.ly/3SGonTK.
[5] Swedish government, ‘Skärpta krav på hederligt levnadssätt och ökade möjligheter till återkallelse av uppehållstillstånd’, 21 November 2023, availmable in Swedish at: https://bit.ly/3SGonTK.
[6] Regleringsbrev Migrationsverket 2023, available at: https://tinyurl.com/3vns2uau.
[7] Migration Agency, Annual Report 2022, Dnr: 1.3.2-2023-2262, available in Swedish at: http://bitly.ws/AUE8, 121.
[8] Information provided by the Migration Agency’s statistical unit.
[9] Information provided by the Migration Agency’s statistical unit.