Author
Swedish legislation includes provisions for preliminary checks at the point of entry. These checks apply to all third-country nationals regardless of whether they intend to apply for asylum. The categories include individuals entering irregularly and persons not meeting Schengen Borders Code requirements, such as valid travel documents or visas.[1]
Preliminary checks involve identity verification and security checks. The police officer will be validating passports or travel documents and screen through databases such as Schengen Information System and Interpol. In connection with entry control according to the Schengen Borders Code, a police officer may physically search a foreigner and examine his or her luggage, hand luggage, handbags and the like, to the extent necessary to find out the foreigner’s identity. Such investigations may also be carried out to find out a third country national’s journey to Sweden, if it is of importance for the assessment of the right to enter and stay in this country. In connection with the entry control, a police officer may also examine luggage compartments and other closed spaces in cars and other means of transport with the aim of preventing a third country national from entering Sweden in violation of the provisions of the Schengen Borders Code. When the entry control is handled by specially appointed passport controllers, customs officers or officers at the Coast Guard, they have the same powers as a police officer.
Body searches may not be carried out in more detail than is required with regard to the purpose of the measure. All the considerations that the circumstances allow must be observed. If possible, a witness should be present.[2]
The Swedish Police Authority is responsible for identity, security, and document checks.
There is no explicit maximum time limit in Swedish law by which the checks must be completed. However, checks are conducted promptly to minimize delays and comply with the right to apply for asylum under international and EU law.
Preliminary checks are conducted under various conditions depending on the point of entry. At land borders, the fiction of non-entry is applied, and individuals are processed before officially entering Sweden. At sea borders, checks are conducted before passengers disembark from ships, while at air borders, they are typically carried out at international airports prior to passport control.
Preliminary checks may entail restrictions on freedom of movement or detention. For example, individuals without valid documentation may be held in transit zones or temporarily detained during identity and security checks.[3]
The outcomes of preliminary checks include granting entry if all conditions are met, refusal of entry if requirements are not fulfilled, referral to asylum procedures for those expressing an intention to apply for asylum, or detention under specific conditions pending further investigation.[4]
The Swedish police authority’s decision on rejection may be appealed to the Swedish Migration Agency. However, if the Swedish Police Authority’s decision on rejection has been made in connection with a decision to suspend or revoke a Schengen visa, the rejection decision is appealed to a migration court.[5]
Third-country nationals may apply for asylum during preliminary checks. When an individual expresses an intention to seek asylum, authorities must promptly register the application and refer the person to the Swedish Migration Agency. Preliminary checks may continue alongside the asylum process to verify identity and ensure security.
[1] Chapter 8 Section 2 Aliens Act.
[2] Chapter 9, Section 2 and 8 Aliens Act.
[3] Chapter 10 Aliens Act
[4] Chapter 8 Aliens Act
[5] Chapter 14, Section 2 Aliens Act.