General (scope, criteria, time limits)
According to Chapter 5, Section 1b of the Aliens Act, an application can be dismissed as inadmissible where the applicant:
- Has obtained international protection in another EU Member State;
- Comes from a First Country of Asylum;
- Comes from a Safe Third Country.
In practice, the Migration Agency deals with cases of persons benefitting from protection in another EU country under “Track 5B”. Cases concerning third countries are processed under “Track 5C”. The Migration Agency shall take a decision on the admissibility of the application within 3 months. In 2019, the Migration Agency received 425 applications that were processed under Track 5B and 15 applications were processed under Track 5C. 448 decisions were taken under Track 5B and 14 decisions taken under track 5C.
There are no differences in the way the personal interview is conducted in cases where grounds for inadmissibility apply (see: Regular procedure Personal interview).
The Migration Agency may take a decision with immediate enforcement for applications dismissed on the basis of protection in another EU Member State or the first country of asylum concept; not for safe third country cases.
Therefore the appeal has automatic suspensive effect in cases dismissed on safe third country grounds, but it has no automatic suspensive effect in cases concerning protection in another EU Member State and in first country of asylum cases. That said, the December 2018 legal opinion of the Migration Agency states that a decision with immediate enforcement should be taken in first country of asylum cases when it is obvious that the applicant enjoys sufficient protection in the country concerned.
As a rule, legal assistance is not granted in cases falling under the grounds for inadmissibility, unless a more thorough assessment of first country of asylum or safe third country considerations is required. Such an assessment is conducted by the Migration Agency depending on the difficulty of the case. However, legal assistance is always granted to unaccompanied children and may exceptionally be granted to applicants depending on factors such as age or mental illness.
 Ch. 8, Section 19 Aliens Act.
 Migration Agency, Rättsligt ställningstagande angående avvisning av ansökan om uppehållstillstånd med stöd av 5 kap. 1 b § utlänningslagen, 44/2018, 6 December 2018, available in Swedish at: https://bit.ly/2L00rv8, 5 et seq.