|Name in English||Number of staff at the end of 2021||Ministry responsible||Is there any political interference possible by the responsible Minister with the decision-making in individual cases by the determining authority?|
|Migration Agency||5,317||Ministry of Justice||No|
Source: Migration Agency, Annual Report 2021, Dnr: 1.3.2-2022-2199, 40.
Swedish administrative system
The administrative system in Sweden differs other European countries in terms of division of tasks. All government decisions in Sweden are collective and all public agencies are subordinate to – but independent from – the government. Unlike in other countries, Swedish Secretaries of State, or ministers, have limited discretion to take independent decisions. All government decisions are taken jointly by the Government. Different Secretaries of State are responsible for different areas and may also act as heads of ministries. Some tasks performed by ministries in other countries are performed by civil service departments in Sweden, which are overseen by a ministry.
As a general rule, the Ministry of Justice and other Government Offices cannot intervene in individual cases concerning applicants for international protection. However, in cases concerning serious threats to national security, the Act concerning Special Controls in Respect of Aliens may be used (1991:572). According to Section 2, the latter Act becomes applicable upon request of the Swedish Security Service. An expulsion decision is, however, always issued by the Migration Agency at first instance. According to Section 2 (a) of the Act, the Migration Agency’s decision can be appealed to the Government.
According to Section 3 of the Act, an appeal of an expulsion decision issued by the Migration Agency shall be handed over to the Migration Court of Appeal, who shall submit an opinion of the merits in the case, and thereafter hand the case over to the government for a final decision. In its submission, the Migration Court of Appeal should address whether there are impediments in accordance with Chapter 12 Section 1-2 of the Swedish Alien’s Act [non-refoulement] against the enforcement of the expulsion decision. If the Migration Court of Appeal considers that there are such impediments, the Government cannot deviate from that assessment.
The government made eight decisions under the Act concerning Special Controls in Respect of Aliens between 1 July 2020 and 30 June 2021, amounting to a slight decrease when compared to the two previous corresponding periods. Three of the decisions concerned dismissals of appeals against decisions of the Swedish Migration Agency regarding deportation. Those three decisions concerned individuals who had not previously been subject to any action under the Act concerning Special Controls in Respect of Aliens. Four of the decisions concerned rejections of requests for reconsideration of expulsion decisions at the request of the individual. One decision was taken regarding an application for suspension of the expulsion from an individual, which was not granted examination.
Swedish Migration Agency
The Migration Agency is the central administrative authority in the area of asylum. It is responsible for examining applications for international protection and competent to take decisions at first instance. It further takes decisions on work permits, family reunification, adoption, studies, and citizenship and is also responsible for operating detention centres.
The Migration Agency is subordinate to the Government as a whole and reports to the Ministry of Justice, with which it cooperates at various levels. According to Swedish legislation, the Migration Agency, as is the case with all authorities, is fully independent from the Government as well as the Parliament in relation to individual decisions and the Government is prohibited from influencing its decisions. This also applies to the Agency’s policy on different topics. The Migration Agency coordinates and divides tasks between the divisions of Asylum, Managed Migration and Citizenship, thereby upholding due process and ensuring effective case management in line with Sweden’s Alien and Citizenship Act. The Migration Agency is also responsible for aliens without residence permits, i.e. until they obtain a permit and have settled in a municipality. Legal provisions pertaining to the Migration Agency are found primarily in the 2005 Aliens Act and the 2019 Ordinance with Instructions for the Migration Agency.
The Migration Agency is headed by a Director General, who is appointed by the government. The Migration Agency’s head office consists of the Senior Management, the Director General’s staff and departments supporting the operational activities. This includes the Digitalisation and Development Department, the Planning Department, the Legal Affairs Department, the Communications Department, the Human Resources Department, and the Operation Support Department.  The head office is located in Norrköping.
Stand-alone functions are the internal audit, the supervisory unit and the agency’s fund management, which all report directly to the Director General. There is also a dedicated unit for Dublin procedures and a separate country of origin unit (LIFOS). LIFOS produces reports and conducts missions to certain countries in order to assess and analyse the political situation in a particular country or region. The Migration Agency has access to a variety of COI reports issued by other countries and organisations through its database, LIFOS. It is the caseworker’s duty to regularly update themselves on relevant country of origin information. Caseworkers are generally required to hold a degree in law and/or political science to be working on asylum-related matters. Regarding other training of staff, some specialised training is offered for caseworkers who interview children, based on the EASO Training Curriculum (ETC) module ‘Interviewing Children’. Case officers that have completed this training may process claims by unaccompanied children. Similar trainings have been carried out and instructions issued in relation to female refugee claimants and claimants with LGBTQI grounds – the ‘Interviewing vulnerable persons and SOGI ETC’ training module.
Quality control and assurance within the Migration Agency
The Migration Agency works with quality control and assurance on a regular basis and in different ways. The overall goal of quality assurance is to ensure that all decisions that have been taken are formally and materially correct, as well as to ensure a uniform application of the law and case management based on current legislation and the applicant’s individual circumstances. The Migration Agency has a number of mandatory indicators within the framework of quality follow-ups that should always be considered within a quality framework assessment, especially processing times. These quality indicators cover the following aspects: 
- Has the investigation been conducted according to the nature of the case? Was there too little or too much investigation?
- If an investigation has not been carried out according to the nature of the case, explain what has not been investigated according to the nature of the case?
- Is the language used simple and comprehensible?
- Is the outcome of the case correct?
- Is the classification of the decision correct? (if appropriate)
- Is the length of the permit granted correct? (if appropriate)
The outcome of quality control exercises in Sweden is only made public upon request
Staffing within the Migration Agency
The Migration Agency had 5,317 employees by the end of 2021. Out of the total number of employees in 2021, 340 were working as case officers and 179 as decision makers in in asylum cases. In 2021, the average age was 41 for women and 43 for men. 23 % of the work force had been employed less than five years. The average period of employment was 9 years. 90 % were full-time staff.
The Migration Agency have an obligation to report suspected war crimes. In 2020, the Agency reported 86 suspected war crimes to the police. In 2021 the Agency reported 74 cases of suspected war crimes.
 The Migration Agency, Our organisation, http://bit.ly/2P6GRQ7.
 The Migration Agency, Kvalitetsuppföljningar av rättslig kvalitet i Migrationsverkets processer, RC A – 04/2019.
 Information from the Migration Agency in March 2022.
 Migration Agency, Annual Report 2021, Dnr: 1.3.2-2022-2199, p. 40.
 Migration Agency, Annual Report 2021, Dnr: 1.3.2-2022-2199.