Author
In 2024 the number of first-time applications was 9,634, a decrease from 12,491 applications in 2023. In 2024, out of the total number of applicants, 976 came from Syria, 839 came from Afghanistan, 576 from Iraq, and 540 from Iran.[1]
At first instance, the recognition rate in cases decided on the merits was 40% in 2024, compared to 34% in 2023. The recognition rates for major countries of origin were as follows: 84% for Syrians, the same as in 2023; 64% for Afghans, up from 63% in 2023; 23% for Iraqis, down from 25 % in 2023; and 28% for Iranians, up from 25 % in 2023.[2]
In 2020 there was a significant decrease in the recognition rate for Syrians as a result of a change in the Swedish Migration Agency’s assessment of the security situation in the country. In 2022, the Swedish Migration Agency continued to consider that the security situation in the internal armed conflict was not such that each and every person coming from several provinces in Syria was in need of international protection, in accordance with Article 15(c) of the Qualification Directive, and that an individual assessment of the applicant’s risk therefore must be made. However, it also considered that the improved security situation was not such that it could be considered as significant and non-temporary in nature in the context of determining the need for cessation.[3] In 2021, the Swedish Migration Agency changed its position regarding refugee claims from Syria based on risks due to military service, as an adjustment to the CJEU case EZ v. Germany. In this sense, refugee status in general was granted to those who would be enrolled in military service.[4] The Swedish Migration Agency maintained this position in 2024.
In July 2021, the Swedish Migration Agency decided to halt all enforcement of deportations to Afghanistan and to suspend decision-making in general in asylum cases concerning Afghans, following the Taliban regime take-over. In November 2021, the Swedish Migration Agency decided to lift the suspension of asylum decisions and stated that in general, Afghans with a deportation order would be entitled to a new examination of their protection claims.[5] On 6 December 2022, the Swedish Migration Agency published an updated legal position on protection assessment regarding Afghanistan, stating that, women and girls shall be granted refugee status due to the overall discriminatory human rights violations in Afghanistan.[6] Asylum claims from men and boys are assessed individually, and the Migration Agency has no general position on granting refugee status to male family members to female refugees. In September 2023, the Migration Court of Appeal published its decision MIG 2023:12, where a woman and her daughter had been granted refugee status by the Migration Court, while the son/brother was not granted refugee status, but residence permit with subsidiary protection status. The Migration Court of Appeal found that the principle of family unity does not necessitate the granting of refugee status to other family members, the principle was sufficiently attained by granting him a subsidiary protection status and a thirteen-month residence permit. [7]
The Swedish Migration Agency have repealed their legal position to halt all deportations to Gaza, but no deportations were reported during 2024.
On 22 December 2023, the Swedish Migration Agency published a legal position to re-start decision-making in ordinary asylum cases relating to Ukraine.[8] The Swedish Migration Agency halted decisions in regular asylum and protection status cases, as well as deportations to Ukraine in 2022 due to the security situation in Ukraine following the Russian invasion on 24 February 2022. On 10 December 2024, the Parliamentary Ombudsman (JO) criticized the Swedish Migration Agency for their legal position to halt decisions in regular asylum and protection status cases. The critique was that the legal position lacked a time limitation and for the legal basis not being sufficiently clearly formulated. The Swedish Migration Agency was also criticized for failing to comply with a court order to resolve a specific asylum case as soon as possible.[9]
After the fall of the Syrian regime in early December 2024, the Swedish Migration Agency decided to halt all deportations and decisions on asylum applications for Syrian nationals. This decision expires on 10 March 2025.[10]
Applicants from countries with a recognition rate below 15% are presumed to have their cases treated under the accelerated procedure (“Track 4B”) even if cases are individually assessed before being placed in this procedure. The countries currently listed are: Albania, Algeria, Armenia, , Bolivia, Bosnia and Herzegovina, Brazil, Chile, Cuba, Georgia, India, Israel, Kosovo, North Macedonia, Mexico, Moldova, Mongolia, Peru, Serbia, South Africa, Thailand, USA, and Vietnam[11] (see section on Accelerated Procedure – Interview).
[1] SMA Monthly report December 2024
[2] SMA Monthly report December 2024.
[3] Migration Agency, Rättsligt ställningstagande – Prövningen av skyddsbehov för personer från Syrien, RS/022/2020, November 2022, available in Swedish here.
[4] Migration Agency, Rättsligt ställningstagande. Prövningen av skyddsbehov för personer från Syrien, RS/022/2020 (version 3.0), available in Swedish here.
[5] Migration Agency, ‘Information regarding the situation in Afghanistan’, no longer available at the Swedish Migration Agency’s website.
[6] SMA, Legal position RS/089/2021, Prövning av skyddsbehov m.m. för medborgare från Afghanistan (version 5.0) available in Swedish here.
[7] Case MIG 2023:12 available online at: Mål: UM 1579-23 – Migrationsöverdomstolen vid Kammarrätten i Stockholm
[8]Rättsligt ställningstagande. Prövning av skyddsbehov för medborgare från Ukraina – RS/009/2023 at Dokument – Lifos extern, available here.
[9] The the Parliamentary Ombudsman. Kritik mot Migrationsverket för utformningen av ett beslutsstopp för asylansökningar rörande medborgare i Ukraina och för att inte ha följt ett föreläggande från domstol om att snarast avgöra ett ärende, 2024-12-10, available in Swedish here.
[10] Migrationsverket, Rättsligt ställningstagande. Prövning av skyddsbehov och verkställigheter för personer hemmahörande i Syrien – RS/007/2024, 2025-03-10, available here.
[11]The Swedish Migration Agency, VÄGLEDNING Lista över länder och lägsta idkategorisering för sortering i spår 4B Dnr: 1.2.2.2-2024-6176, 7 May 2021, revised 22 April 2024.