Differential treatment of specific nationalities in the procedure

Sweden

Country Report: Differential treatment of specific nationalities in the procedure Last updated: 21/04/21

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Sweden is one of the main destinations of Syrian asylum seekers. In 2020, out of a total of 12,991, 1,208 came from Syria; 401 from Georgia; 782 from Iraq; 526 from Eritrea; 375 were stateless, 593 from Afghanistan and 443 from Somalia.[1] The recognition rate at first instance, in cases tried on the merits, was 29% in 2020, down from 35% in 2019 and 39% in 2018.

At first instance, the recognition rates in cases tried on the merits in 2020 significantly decreased compared to 2019 as follows: 76% (1,422) for Syrians, down from 97% in 2019; 78% (454) for Eritreans, down from 91% in 2019; 46% (366) for Afghans, up from 45% in 2019; 41% (236) for stateless persons, down from 60% in 2019; 41% (222) for Somalians, down from 47% in 2019; and 28% for Iranians, down from 38% in 2019.[2] As regards second instance, the Migration Courts approved 7% of appeals in 2020, compared to 17% of appeals in 2019.[3] The high rate in 2019 was mainly due to an extended possibility to be granted a residence permit to study in upper secondary school.[4]

The significant decrease in recognition rate for Syrians mentioned above is the result in a change in the Migration Agency’s assessment of the security situation in the country. The Migration Agency currently considers that the security situation in the internal armed conflict is not such that each and everyone is in need of international protection in accordance with Article 15(c) of the Qualifications Directive in several provinces, and that an individual assessment of the applicant’s risk therefore must be made. However, the Migration Agency considers that the improved security situation is not such that it can be considered as significant and non-temporary in nature in the context of cessation.[5]

Applicants from countries with a recognition rate below 20% have their cases treated under the accelerated procedure (“Track 4B”) even if they are individually assessed. The countries currently listed are: Albania, Armenia, Azerbaijan Belarus, Bosnia and Herzegovina, Colombia, Côte d’Ivoire, Cuba, Egypt, El Salvador Georgia, Kazakhstan, Kyrgyzstan, Kosovo, North Macedonia, Morocco, Moldavia, Mongolia, Montenegro, Serbia, Tunisia, Ukraine and Vietnam (see section on Accelerated Procedure).

 

[1]  Migration Agency, Monthly statistical report for December 2020, p. 9.

[2]  Migration Agency, Monthly statistical report for December 2020, p. 9.

[3]  Swedish Migration Agency. Annual Report 2020, p. 81.

[4]  Swedish Migration Agency. Annual Report 2020, p. 81.

[5] Migration Agency, Rättsligt ställningstagande – Prövningen av skyddsbehov för personer från Syrien, RS/022/2020 (ersätter SR06/2020), available in Swedish at: https://bit.ly/3fBPtte.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – I Transposition of the CEAS in national legislation