Regular procedure

Author

Swedish Refugee Law Center Visit Website

General (scope, time limits)

The legal provisions that regulate the regular asylum procedure at the national level are primarily governed by “Utlänningslagen” (Aliens Act), specifically its provisions related to asylum. Additionally, the “Förvaltningslagen” (Administrative Procedure Act) and the “Förvaltningsprocesslagen” (Administrative Court Procedure Act) play a role in outlining the procedures and legal framework for asylum cases

The average length of the asylum procedure (i.e., for all tracks) had significantly decreased from 507 days in 2018 to 288 days 2019. In 2020, the length of the asylum procedure increased to a total of 302 days, but decreased again to 256 days in 2021. For 2022, the number decreased to 166 days. In 2023, the average length increased to 198 days. 2024 saw a small decrease of the average length (8 days), which led to a total length of 187 days.

Source: The Swedish Migration Agency, Monthly Statistical Report December 2024, page 11.

A total of 1,620 out of 13,252 asylum investigations were conducted by video by the Swedish Migration Agency during 2022.^[1] In 2023, 690 out of a total of 8,969 interviews were conducted by video,[2] and during 2024, 430 out of 6,214 interviews were conducted by video. The Swedish Migration Agency aims for an asylum processing time of 6 months. During 2023, the Migration Agency started working with a scheduled process. Essentially, the approach entails minimizing the lead time, which is the time between various processing actions taken in the individual case. This means that the Swedish Migration Agency will schedule an investigation session with the applicant as soon as possible after the application. The goal is to conduct the asylum investigation within 5 to 14 working days from the application, but no later than within 4 weeks. Thereafter, the lawyer must submit a written submission, which must be received no later than 14 days after the asylum investigation has been completed. To meet the time prescribed by regulation, the asylum processing units may need to become more restrictive in granting extensions.[3]Formulärets överkant

The Swedish Migration Agency decided on 83,281 applications of international protection in 2023 – 15,904 of these are first time applications and 67,377 are prolongation decisions where renewal of a temporary protection permit was requested. This is an increase of 39,125 total cases in comparison with 2022. In 2023, the Swedish Migration Agency received 11,401 first time applications and 66,623 prolongation decisions for renewal of a temporary protection permit.[4] The huge difference in applications for prolongation decisions for renewal of a temporary protection permit is likely due to people from Ukraine having had to renew their resident permits in accordance with the Temporary Protection Directive (see Annex on temporary protection). In 2024, the Swedish Migration Agency decided on 9,645 first time applications on international protection and 21,354 prolongation decisions where renewal of a temporary protection permit was requested.[5] At the end of January 2024 there was a backlog of 5,409 cases and at the end of December 2024 this number had decreased to 3,685 cases.[6] There has been a downward trend in new asylum applications and the number of people arriving in Sweden to seek protection.

The time limit for the Swedish Migration Agency to take a decision on an asylum application is 6 months from the date the application is received. However, in exceptional circumstances, the time limit can be extended with up to an additional 9 months.[7] If the Swedish Migration Agency does not respect the time limit for a decision, the applicant can make a complaint to the Parliamentary Ombudsmen (JO), which could result in criticism of the Swedish Migration Agency. Additionally, the applicant has the option to request the Swedish Migration Agency to take a decision even after the time limit has expired. The Swedish Migration Agency can then either take a decision in the case or decide not to process it, in which case they must provide a justification for their decision. This decision can then be appealed to the Migration Court. The Migration Court can either uphold the decision or issue a ruling requiring the Swedish Migration Agency to process the case.  This ruling can then be appealed to the Migration Court of Appeal, If the Swedish Migration Agency disregards the court’s ruling, a complaint can be filed with the Parliamentary Ombudsman (JO).

Prioritised examination and fast-track processing (“Track 1”)

As outlined in the Short overview of the asylum procedure, the Migration Agency introduced a tracks policy in 2016 for different types of caseloads. Track 1 concerns cases where:

• There is a presumption that the claim will be successful;
• There is no need to appoint a public counsel;
• The identity of the claimant has been ascertained based on the documents submitted; and
• No other major processing steps are needed other than an oral interview.

The purpose of the track is to create conditions for rapid settlement for individuals likely to be granted permission to stay in Sweden. There is a presumption for approval when the Swedish Migration Agency assesses that everyone coming from a specific country, a specific region, or everyone belonging to a certain group is generally in need of protection.[8]

In 2022, the number of applications assigned to Track 1 was 1,319. A total of 1,107 decisions were delivered and 594 cases were open at the end of that year.[9] In 2023, a total of 1,192 cases were assigned to Track 1 and 1,322 decisions were taken. The Swedish Migration Agency had 444 cases still open at the end of the year.[10] During 2024, 903 cases were assigned to Track 1, 1,047 decisions were taken and 271 cases were still open at the end of the year.[11]

Personal interview

Swedish legislation and regulations allow for a personal interview in all asylum cases.^[12] All interviews, whether in the regular or accelerated procedure, are carried out by the authority that is responsible for taking decisions on the asylum applications. These are carried out by officers of the Swedish Migration Agency and are divided into two phases. A reception officer interviews the applicant regarding personal details, health, family and general background and can also request that any supporting documents be provided. The asylum case officer carries out an interview to establish the basis of the claim in the presence of a legal representative, an interpreter and the asylum seeker. These interviews are not held at the same time. The interview regarding the applicant’s personal details such as health and general background usually takes place at the time of application.

All asylum seekers have the possibility to undergo a health screening, which the majority choose to do in practice.[13] This is particularly crucial for survivors of torture and traumatized individuals. However, due to confidentiality rules, this information is not automatically available to caseworkers. The legal counsel, however, can request access to this information from the health care with the applicant’s permission.

As part of the mentioned routine, all Migration Agency staff are obligated to report vulnerabilities in an official note, which is then input into a common database. The note specifies at which stage in the procedure the vulnerability is observed and outlines the measures that have resulted from it. It is emphasised that a vulnerability assessment must always be conducted in the initial process.

Some special needs may not be registered in an official note, such as when the Swedish Migration Agency notifies the need for a guardian or informs a municipality that an unaccompanied child needs protection. Additionally, the Swedish Migration Agency’s responses to applicants who have requested a case officer, interpreter, or public counsel of a specific gender may not be officially noted.

The interview regarding the grounds for asylum is held later in the presence of a legal representative. As a general rule, all family members are interviewed separately. Children have the right to have their asylum claims examined individually and not just as part of their parents’ cases. The child has a right to be heard, but no obligation. In order for the Swedish Migration Agency to be able to hold an investigative interview with a child, the child must want to talk to the Swedish Migration Agency themselves. Children are asked if they want to talk to the case officer and if the child wants this to happen without the presence of the parents/legal guardians. It is also required that the parents/guardians have given their consent for the Swedish Migration Agency to talk to the child.

When the child’s grounds for asylum are investigated, the Swedish Migration Agency’s caseworkers should, as much as possible, tailor the investigation to the child’s age, maturity, and health. The child has the right to have an adult accompanying them during the investigation. This can be a parent, another guardian, a legal representative, and/or a public counsel.

Even if an individual interview is held with children, a child-focused conversation is always held with the parents about the individual child.

A decision on the merits is taken by two persons: the case officer and a decision maker. The difference between the two is that the case officer is responsible for the management of the case, which includes administrative tasks, conducting the interview and writing a proposed decision. The decision maker has regular contact with the case officer, but will, in the end, have the final word regarding the assessment of the application and the decision.

Credibility assessments are of great importance in the asylum procedure. The Swedish Refugee Law Center carried out a study in 2019 that examined which indicators are used by the Swedish Migration Agency in credibility assessments for decisions where the application has been rejected. The study covered 90 decisions from four different regions in Sweden and was based on a handbook published by the Department of Psychology at Gothenburg University. This handbook looks at how to assess credibility in asylum cases, i.e. by identifying suitable indicators to that end. ^[14]

The level of detail and consistency were found to be the two most common indicators and were categorised as suitable credibility indicators in the handbook. However, other less suitable indicators seemed to be also common, such as the reasonableness of the story. The study further identified three indicators that are not mentioned in the handbook but are quite frequently used by the Migration Agency: speculations, hearsay, and lack of subjective fear. These indicators have in common that they do not have any scientific support for them being suitable to use in credibility assessments.^[15]

The Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Rights (RFSL) have also made a report that focuses partly on credibility assessments. In the report “Rejection motivations in SOGIESC asylum cases in Sweden” they review the migration authorities’ assessments in 3,360 individual decisions and court rulings in SOGIESC asylum cases in Sweden, between 2012 and 2024. In the study they, were able to draw conclusions about how credibility assessments were used in practice and where the methods used by the authorities differed from the recommended practices.[16]

The Swedish Migration Agency has confirmed that video interviews are not a new procedure; they have been conducted for several years in certain types of cases and are considered to work well. ^[17] They are primarily used for applicants living far from the interview location to reduce costs and travel time or when special needs make video interviews more suitable. The agency also states that remote interviews uphold legal safeguards equally to physical meetings.^[18] However, video interviews can present challenges. Communication limitations may cause misunderstandings and frustration, particularly for applicants with special needs. Difficulties have been reported when the interpreter is not in the same room or not visible due to the lack of a video function. Additionally, remote interviews may make it harder to convey emotions such as fear of persecution or to accurately assess credibility. While applicants have not raised significant concerns, legal representatives participating by phone have found the process less effective. In cases involving trauma, hearing or visual impairments, or complex events requiring clarification, video interviews may be less suitable. If interpretation proves inadequate, the session can be rescheduled, often for an in-person interview. ^[19]

Interpretation

The applicant may request an interpreter and interviewer of a certain gender.^[20] The Swedish Migration Agency shall accommodate these requests if possible.^[21] If the interpreter is lacking the necessary skills and this becomes apparent during the interview the case worker can close the interview and rearrange for another time with a competent interpreter. In practice, if there is a clear problem with interpretation during the interview, then the asylum seeker and/or legal representative can point to it and have the interview discontinued. In that case, a competent interpreter will be engaged on the next occasion.

It is not possible for the authorities to select interpreters sharing the same religious belief as an applicant because it is forbidden in Sweden to register a person’s faith.

The Government decided on 14 March 2019 to expand their annual directives to the Swedish Migration Agency by requesting them to assure legal quality and uniform application in asylum cases where religious conviction is a basis for the claim. In the agreement between the parties in the new government and the Sweden Democrats, the Tidö Agreement, it is stated that a review of the asylum process will be conducted with the aim of enhancing its quality, consistency, and legal certainty. The review shall among other things look at criteria for legal representatives, interpreters and lay judges and the assessment of conversion and LGBTQI+ cases.[22] On 14 December 2023, the Government commissioned the Swedish Agency for Public Management (Statskontoret) to conduct a review of the asylum process with the aim of strengthening quality, uniformity and legal certainty. The review included cases involving converts and LGBTQI people, as well as other asylum cases. In its report of 7 October 2024, the Swedish Agency for Public Management found that the proportion between approval and rejection decisions differs between the three regions of the Swedish Migration Agency in a way that cannot be explained. It was also found that there are clear differences between the regions in terms of the extent to which the migration courts change the Swedish Migration Agency’s decision or send the case back to the agency. Further, it was found that the internal governance, control and follow-up within the Swedish Migration Agency is weak, and legal quality is not followed up in a systematic manner. The Swedish Agency for Public Management also noted that reports from the Swedish Migration Agency and other actors indicated that the legal quality of the Swedish Migration Agency’s assessments of asylum cases, especially in LGBTQI and convert cases, had serious shortcomings.[23]

The Government has also looked at questions surrounding legal representatives. A 2023 inquiry report found that there should be heightened eligibility requirements for public counsels in the migration process, a general declaration of ineligibility for representatives that are deemed to be unsuitable to act as public counsels and that, in cases where the individual is entitled to public counsel, if possible, an authorised interpreter should be used during oral proceedings, and an authorised translator for the translation of documents. A draft of a proposal that is to be submitted to the Council on Legislation (Lagrådet) was circulated for consultation in November 2024. Legislative changes are expected take effect on 1 January 2026.[24]

Only translators authorised by the Legal, Financial and Administrative Services Agency (Kammarkollegiet) have the right to designate themselves as authorised translators. Authorisation is awarded after a demanding written examination, consisting of texts on legal, economic, and general topics. Authorised translators are required to observe high professional standards, which include maintaining confidentiality and only taking on assignments they are capable of completing in a satisfactory manner. Likewise, only interpreters authorised by the Legal, Financial and Administrative Services Agency may refer to themselves as authorised interpreters. To obtain authorisation, interpreters have to show in written and oral examinations that they have a good command of both Swedish and the other language concerned, as well as the necessary interpreting skills. They must also have a basic understanding of areas such as social services and social security, health care, employment and general law, and of the terminology used in these fields.[25]

The Swedish Migration Agency is not obliged to use authorised legal interpreters. However, the Courts do rely on authorised legal interpreters to a larger extent, but they are not always available in certain languages. There is a general code of conduct for interpreters issued by the Kammarkollegiet in Stockholm and was last updated in June 2021.^[26] All interpreters stress that they follow the basic principles and respect the rules on confidentiality.

In 2018, the Swedish Migration Agency issued a guidance note to its staff regarding levels of competence necessary for different interpretation tasks. The government also commissioned a wider report on interpretation services which put forward a number of proposals.^[27] A number of strategic goals for society’s provision of interpreters can be formulated as medium-term goals of around five years:

• The State funds fewer educational pathways for interpreters but increases the total capacity. Volume and orientation are coordinated in relation to state authorisation of interpreters, with a basic requirement for training and workplace learning.
• The State keeps a register of authorised and trained interpreters. This forms the basis of future public sector interpreting services.
• A new interpreting services act is introduced, and the use of children as interpreters is prohibited and replaced with the use of professional interpreters. Regulatory frameworks, quality assurance and supervision of interpreters and intermediary bodies are developed.
• The public sector plans for the long term, collaborates, coordinates and uses existing interpreting resources more flexibly and effectively. An increasing share of resources is used to finance core interpreting activities, i.e., interpreting services.
• Quality-assured interpreters are offered public assignments through the State’s coordinated commissioning. Authority requirements are matched against the quality of services delivered.
• The State and public sector build up their own interpreting resources where appropriate, or agree on guaranteed services. Cost increases for the public sector are held back but quality and societal benefits increase.
• The interpreting profession is valued and professionalised, which in the long term also leads to more traditional partnerships, a better work environment, higher employment rates and more labour market stability for interpreters.

However, in asylum interviews, when applicants recount the core events in their applications, interpreters occasionally fail to give a detailed account of what is said. At worst this can lead to an assessment by the case worker that the applicant has been vague in the account of events and therefore less credible. The onus is on the legal counsel to expand on clipped translations when making the submission after examining the transcript of the interview. The applicant may well have provided a detailed account in their own language, but it is only what is interpreted that makes its way into the official transcript.

Recording and transcript

The interview may be audiotaped by the asylum case officer, but this is not mandatory. Since the asylum case officer only makes a recording for the purpose of double-checking the notes taken during the interview, the audio-recording is not considered formally part of the processing of the asylum application and therefore the permission of the asylum seeker is not required before a recording is made. For that reason, the tape is not made accessible to legal counsel or the applicant. The legal counsel and/or the applicant can record the interview themselves with their own recording devices but there are no statistics that show how often this occurs, and there has also been situations where interpreters have refused the legal counsel and/or applicant to record the interview.[28]

Almost verbatim notes are taken of the interpreter’s translation, and the transcript is made available to the applicant through the legal counsel to comment on and add to before a decision is made in the case.^[29] A specific date is given by the Swedish Migration Agency, usually two weeks from the asylum investigation, by when comments and additional information must be submitted. If the time limit set by the Swedish Migration Agency is not enough because of different circumstances, for example difficulties with booking an interpreter in a specific language, there is a possibility to ask for an extension. But depending on the reason why an extension is needed, it could be more difficult to be granted an extension because the Swedish Migration Agency aims for a process time of six months.[30] Previously, the deadline started from the moment the protocol was communicated with the legal representative, which often occurred several days after the asylum investigation had been conducted. The time limit starting before the legal representative has received the protocol and it being more difficult to be granted an extension has led to the Bar Association to write to the Swedish Migration Agency in 2023 and ask them to take immediate action to improve the current unsustainable situation.[31]

Video interviews can be conducted when the applicant is residing a long distance from the Swedish Migration Agency’s designated interview office.

Appeal

There are two levels of appeal in Sweden: the first level consists of four Migration Courts (migrationsdomstol) and the second is the Migration Court of Appeal (Migrationsöverdomstolen).

Appeal before the Migration Court

A refusal decision by the Swedish Migration Agency can be appealed before the Migration Court and this appeal has suspensive effect under the regular procedure.^[32] Appeals are made to the four Migration Courts in Stockholm, Luleå, Malmö and Gothenburg. Appeals can be made both in relation to facts and/or points of law.

The asylum seeker has three weeks after having been informed of the first instance decision to lodge an appeal.^[33] The written decision is communicated orally to the asylum seeker by a staff member of the Swedish Migration Agency’s nearest reception centre with the assistance of an interpreter, often available by telephone, in a language understood by the applicant. It is the duty of the legal representative to contact their client regarding the decision and to submit an appeal against the refusal decision if the client so requests. This duty is not laid down in law and there are no legal sanctions against the legal representative if the deadline is missed. The Swedish Bar Association can issue disciplinary sanctions against a legal representative if they are a member of the Bar. An asylum seeker can also refrain from appealing the decision by signing an appropriate form and withdrawing the claim.

An appeal can be lodged by applicants in their own language, with some indication in Swedish or English – for practical reasons – as to the nature of the reasons for appeal. In a regular procedure an appeal is lodged in Swedish by the appointed lawyer, but where no legal assistance is available the Swedish Migration Agency has a responsibility to ascertain the general content of a submission in a language other than Swedish and its relevance as a basis of an appeal.[34] This does not mean that all the content needs to be translated in detail before a decision can be made.

There is a secure online portal through which relevant documents can be submitted and files are kept.[35] It is the lawyer’s responsibility to ensure pleadings and appeals are submitted on time. The applicant does not have access to the portal, however if they wish to access the documents, they can ask their lawyer or the Swedish Migration Agency. The Swedish Migration Agency will either send the documents by mail or hand them over the counter in one of the Swedish Migration Agency’s offices.

The appeal is formally addressed to the Migration Court but is first sent to the Swedish Migration Agency, which has the legal obligation to review its decision based on any new evidence presented.[36] In 2022, the Swedish Migration Agency changed its initial decision in two cases (out of 8,036 cases).[37] In 2023, the Swedish Migration Agency changed its decision in one case out of 9,585 cases. This demonstrates that the Swedish Migration Agency almost never changes its initial position. When the Swedish Migration Agency does not change its decision, the appeal is forwarded to the Migration Court. In 2023, the Swedish Migration Agency took an average of four days to either make a decision on reconsideration or transfer the appeal to the Migration Court.[38] In 2022, the total number of forwarded asylum cases was 7,855.[39] In 2023 this increased to 9,469 cases being forwarded to the Migration Court.[40] In 2024, this number decreased to 7,025 cases.[41]

Oral hearings at the Migration Court are not mandatory but can be requested by the asylum seeker. A decision has to be made by the judge on the matter of an oral hearing before the case is examined by the court. Where the court refuses an oral hearing, the applicant is given a set date by which the appeal must be completed. For 2022, the largest proportion of oral hearings was in Malmö (33.6%), followed by Luleå (22.7%), Stockholm (19.6%) and Gothenburg (18.7%).[42] In 2023, the prevalence of oral hearings varied significantly across the migration courts. The most cases held with oral hearings were conducted in Malmö (30,1%%), followed by Luleå (25%), Gothenburg (13,8%) and Stockholm (13,8%).[43] During 2024 the largest proportion was in Luleå (27.3%), followed by Gothenburg (24.4%), Malmö (23,9%) and Stockholm (13,9%).[44]

In 2023, 1,245 cases where oral hearings had been held were concluded in the Migration Courts. This is close to how many were held in 2022, with a difference of 145 oral hearings. In 2024 there were 1,349 cases in the Migration Court where oral hearings were granted. An oral hearing may be open to the public initially but, before the proceedings start, the judge enquires about the applicant’s wishes regarding confidentiality and decides accordingly. If the court finds indications for confidentiality in the case before the oral hearing, it can choose to keep the name of the appellant confidential, and the name will then not appear on screens in the courthouse or be mentioned when the court calls on the hearing to start. This can for example be the case when the case contains sensitive information or if the appellant comes from a country that is suspected of tracking information about refugees from that country. The judge may, however, override the wishes of the applicant and declare that the hearing be video recorded e.g., in cases of national security.

The average processing time for the Migration Courts to adjudicate a case in 2024 was 9.6 months which can be compared to 9.5 months in 2023 and 2022. The Migration Courts changed 9-6% of the appealed asylum cases in 2022 and in 2023 this number decreased to 7.9%. In 2024 this number slightly decreased to 7.4%.[46] In 2022, the National Audit Office published a report on processing times of asylum cases in migration courts. They found that the times were long and had increased since 2016. The report showed notable regional differences, and that half of the processing time did not include any active processing of the case. One reason for the waiting time was the waiting period for oral hearings. The main reason for the delays were concluded to be lack of funding. On 26 July 2022, the Ministry of Justice welcomed the report and conveyed that a series of measures were taken to shorten the processing time.[47] It is notable that the processing time has not changed in 2023 and 2024.

Migration Court rulings are publicly available. The rulings can be accessed either directly from the Migration Court upon request, in paper or electronically, or via legal information databases (subject to a licence/subscription). In order to not reveal sensitive information about an applicant, the Migration Court can decide that the name of the applicant and/or certain parts of the ruling shall be kept confidential.

Asylum seekers in the regular procedure have access to free legal aid and are usually called to a meeting with the lawyer to prepare the appeal to the Migration Court. The reasons for the first instance rejection are explained and the applicant has an opportunity to provide new evidence or arguments to support their case. An interpreter financed by the state is available at this meeting. On rare occasions, legal counsel may fail to submit the appeal in time, and this means the case is abandoned.[48]

However, there is a mechanism whereby an appeal can be made to have the late submission accepted by the Migration Court.[49] The outcome of such an appeal depends on whether there are any extenuating circumstances e.g., in the event of the serious illness or death of the applicant’s legal counsel. If all the elements of the appeal cannot be submitted within the 3-week period when an appeal has to be lodged, the legal counsel can ask for an extension to complete the appeal. This is often granted. If the applicant wants an oral hearing at court, this has to be specifically requested.[50] When this is done and if the request is refused, a date is set for the completion of the submission and any arguments that would have been presented in a court appearance can be submitted in writing.[51] There are no statutory deadlines during the actual proceedings. Administrative courts can decide for themselves which time limits should apply to, for example, requests for deferrals. Usually, this deadline is a few weeks.

Onward appeal before the Migration Court of Appeal

“Leave to appeal to the Migration Court of Appeal is issued if:

• it is of importance for the guidance of the application of the law that the appeal is examined by the Migration Court of Appeal or
• there are other exceptional grounds for examining the appeal.”^[52]

In general, administrative procedure law, there is a further ground for leave to appeal “if reason exists for an amendment of the conclusion made by the county administrative court”.^[53] However, this ground does not apply to the Aliens Act. Leave is only granted where an appeal may be of importance as a precedent, or if there are exceptional reasons, such as a serious procedural error made by the Migration Agency or the Migration Court.

The applicant and the Migration Agency have 3 weeks to appeal to the Migration Court of Appeal after the delivery of the Migration Court’s decision to the applicant.^[54] Decisions of the Migration Court of Appeal are final and non-appealable.

The Migration Court of Appeal is the main source of jurisprudence in the Swedish asylum system. Decisions by the Migration Courts are not deemed to set precedent, even though they may contain important legal reasoning.

The Migration Court of Appeal can exceptionally hold an oral hearing but in most cases, there is only a written procedure. Decisions on leave to appeal are taken by two or, in exceptional cases, three judges. There are no lay judges at the Migration Appeal Court; it is only comprised by qualified judges. If leave to appeal is granted, a decision is taken by three judges, while exceptionally important cases are decided by a panel of seven judges.

Free legal aid is provided for public counsel to make an application for leave to appeal. If leave is granted, then further legal aid is provided. Until a decision on leave to appeal is handed down, the appeal has suspensive effect.^[55] If leave is refused, the expulsion order is legally enforceable from the date of refusal.

In 2024 a total of 5,067 appeals were made to the Migration Court of Appeal in asylum cases and the latter decided upon 5,132 cases:

Source: The total number of appeals and decisions in asylum cases (målkategori Avlägsnandemål asyl), is provided by the National Courts Authority. Information concerning leave to appeal, appeals accepted, rejected and referred back is from the Migration Agency’s Monthly statistical report for December 2024.

The discrepancies in the above table between the total number of appeals lodged and the number of decisions is due to the fact that certain decisions were issued on appeals of the previous year. When the Migration Court of Appeal hands down its decision, the expulsion order is enforceable, and the person is expected to leave Sweden voluntarily within two weeks in a manifestly unfounded case or four weeks in regular procedure cases.

In national security cases, where the asylum seeker is considered as a potential threat to national security, the Migration Agency is the first instance and the Migration Court of Appeal provides views on the appeal, but the Government is legally responsible for the final decision.^[56] However if the Migration Court of Appeal determines that there is a risk of torture or other breaches of Article 3 ECHR, which has been incorporated into Swedish law, then the Government has to abide by this opinion.^[57]

In May 2024, the Migration Court of Appeal ruled in case MIG 2024:3, where a woman’s application to reunite with her husband had been rejected because she was under 21 years old. The court stated that it is sufficient to establish that one of the spouses is under 21 to deny the application. There is no requirement to prove that the marriage was entered under coercion or that rejection is necessary to prevent poor integration. The decision risks leading to overly simplified assessments. The ruling lacks, among other things, an assessment of compliance with international conventions and references to EU law.

In June 2024, the Migration Court of Appeal ruled in case MIG 2024:4, where a man applied for permanent residence in Sweden in April 2023 after holding residence permits as a family member (2017-2021) and worker (2022-2024). To qualify for permanent residency, one must have lived in Sweden for at least five uninterrupted years with a valid residence permit. The Migration Court of Appeal referred to preparatory works, stating that “legally settled” means residing in Sweden with a residence permit, right of residence, or permanent right of residence. The Migration Court of Appeal stated in its ruling that the time between granted residence permits should not be considered if the permits are based on different grounds, even if the individual has remained legally in the country during the processing of their new residence permit application. The ruling effectively means that an individual cannot apply for long-term resident status unless they have held residence permits on the same grounds for five consecutive years, raising concerns about its alignment with EU law.

In September 2024, The Migration Court of Appeal ruled in case MIG 2024:9, where a man without permission to stay in Sweden was found during a workplace inspection and taken into custody. He held a residence permit in Greece. The Migration Court of Appeal ruled that the man posed a threat to public order due to suspicions that he was working without a work permit, and decided he could be deported without being encouraged to voluntarily return to Greece. The court argues that employing foreign nationals without work permits contributes to unfair competition in the labor market and poses broader societal issues. It concludes that such employment generally threatens fundamental societal interests, including a regulated labor market, controlled immigration, and a well-functioning welfare system. Consequently, a foreign national working without a permit can be deemed a threat to public order without the need for an in-depth individual assessment. This ruling broadens the concept of threats to public order and security and therefore risks deviating from EU case law, which requires that such a threat must be real, current, and sufficiently serious.

Legal assistance

Free legal assistance is provided to asylum seekers throughout the regular procedure and at all appeal levels and is funded by state budget.^[58] The only times where the right to legal assistance is conditional are in cases concerning appeal of the Migration Agency’s decision regarding proclamation of protected status and a decision not to grant a re-examination of a subsequent application. The conditions are then that the person must be in Sweden and that it is not obvious that the appeal does not have a reasonable prospect of success. When the application is presumed to be granted, it is often determined that no legal assistance is needed and hence will not be provided.^[59]

The legal representative is assigned and designated by the Swedish Migration Agency or the respective court; where applicable the asylum seeker can ask for a specific person to be designated, a request which is normally granted. The criteria for the appointment of legal counsel take into consideration whether the counsel is located close to the office responsible for handling the case, but this is not an absolute criterion if the applicant has requested a specific lawyer. According to a ruling of the Migration Court of Appeal, the choice of lawyer by the applicant must be respected even if the lawyer is located at a distance or is not available at the preferred time of the Swedish Migration Agency for an interview.^[60]

At the preparatory meeting, the lawyer should inquire briefly as to the substance of the claim and ask for any substantiating documents as well as provide the asylum seeker with advice on the asylum procedure. The legal counsel then attends the oral interview and subsequently makes a submission which incorporates any views on the oral transcript and any supplementary information counsel wishes to refer to in relation to the substance of the case. It is difficult for the lawyer to know in advance exactly how many hours of work a case will require as well as how many of those hours of work will be monetarily compensated by the authorities. Their fee can be reduced by a decision of the Swedish Migration Agency or at a later stage by the Court. These decisions can be appealed separately by the legal counsel. On average, 10-15 hours of work are usually approved at the first instance for regular asylum cases and any hours beyond those must be carefully motivated based on the exceptional nature of the case. Interpretation costs are reimbursed separately, along with other necessary expenses. Lawyers do not get paid for investigating country of origin information.

Other areas of legal practice are often better remunerated than asylum cases. Currently, the fees for asylum cases are approximately €137 an hour (SEK 1,586, not including VAT).^[61] At the Court level, the legal costs are higher if there is an oral hearing compared to a mere written procedure, but the hourly fee remains the same.

According to Section 26 of the Legal Aid Act, the Swedish Migration Agency shall, when appointing a public counsel, assess whether they are suitable. If a person wishes to be appointed, they need to prove their qualifications. To be appointed as a public counsel in migration matters, the person must have a Swedish law degree or equivalent knowledge of migration law, family law and administrative law. The person must also have experience in proceedings in a Swedish court. The Swedish Migration Agency also requires that the person have liability insurance.

Anyone who has been suspended by a general court or an administrative court, expelled from the bar association, committed a crime, has debts to the Swedish Enforcement Authority or has been declared bankrupt may be deregistered or suspended for a period of time by the Swedish Migration Agency. The same applies to a person who has otherwise proven to be unsuitable for assignments as a public counsel.

In order for the Swedish Migration Agency to be able to make a competence assessment, the person wanting to be a public counsel need to submit the form “Materials for competence assessment”, together with their degree certificate from law school, course certificates and other documents that are important to prove their competence in migration law and children’s rights.

The Swedish Migration Agency maintains a list of persons who have registered with them to be legal counsel in asylum and migration cases and distributes cases according to their availability. There is currently no data available on the number of persons registered on that list.^[62] There are no requirements for legal counsel to pass any tests in this area of law and this means there can be an uneven level of competence, which in individual cases can be to the detriment of the asylum seeker’s protection grounds. The asylum seeker has the right to complain if the appointed legal counsel does not fulfil their duties and to request a new lawyer. However, substitution of counsel may only occur with special permission and only if there are particular reasons.[63] The concept of ”special reasons” in the substitution of public counsel can include situations where there is a significant conflict between the client and the current counsel, lack of trust, or circumstances that substantially affect the ability to provide effective legal assistance. It can also be related to the counsel’s health, capacity, or other factors that impact their ability to perform the assignment satisfactorily. Determining ”special reasons” may be subject to assessment based on specific circumstances in each individual case and may vary.

In 2022, legal counsel was granted in 9,056 cases. The Migration Agency does not have reliable data on this regarding Dublin cases.^[64] In 2023, granting of legal counsel decreased to 3,268 cases and the Swedish Migration Agency does not have any reliable data on this for Dublin cases.[65] In 2024, legal counsel was granted in 2,870 cases and not granted in 398 cases. The Swedish Migration Agency does not have any reliable data on this for Dublin cases.[66]

Asylum seekers can also approach NGOs for advice. It should be noted that some NGOs have cut back their services to asylum seekers. The Swedish Refugee Law Center offers legal support through e-mail and telephone. The Swedish Red Cross offers legal support through a hotline as well as by appointment, and its lawyers can act as legal counsel. The Red Cross prioritises cases concerning family reunification, persecution due to risk of torture and gender-based persecution.

^{[1] Information provided by the Swedish Migration Agency’s statistical unit in March 2023.}

^{[2] Information provided by the Swedish Migration Agency’s statistical unit in March 2024.}

^{[3] Information provided by the Swedish Migration Agency in May 2023.}

^{[4] Information provided by the Swedish Migration Agency’s statistical Månadsrapport 2312.}

^{[5] The Swedish Migration Agency annual report, Applications for asylum received 2024, which can be found here.}

^{[6] Information provided by the Swedish Migration Agency’s statistical månadsrapport december 2024}

^{[7] Chapter 8, section 10, The Aliens Regulation.}

^{[8] Information from the Migration Agency’s routine document for categorizing cases into track.}

^{[9] Information provided by the Swedish Migration Agency’s statistical unit in January 2023.}

^{[10] Information provided by the Swedish Migration Agency’s statistical unit in January 2024.}

^{[11] Information provided by the Swedish Migraiton Agency’s statistical unit in January 2025.}

^{[12] Chapter 13 Section 1 Aliens Act.}

^{[13] Section 7 Health and Medical Services Act, available in Swedish here.}

^{[14] Gothenburg University, Värdering av muntliga utsagor, ett vetenskapligt baserat beslutsstöd för     migrationsärenden, 2017, available in Swedish here.}

^{[15] Swedish Refugee Law Center, Tillförlitliga kriterier? En granskning av Migrationsverkets tillförlitlighetsbedömningar av asylberättelser, 2019, available in Swedish here.}

^{[16] RFSL; Rejection motivations in SOGIESC asylum cases in Sweden:  A Case Law Analysis of the Migration Agency’s, the Migration Courts’ and the Migration Court of Appeal’s Assessments of Sexual Orientation, Gender Identity and Gender Expression Asylum Claims, September 2024, available in English here.}

^{[17] Sveriges Radio, ‘Kritik mot asylutredningar på distans’, April 2020, available in Swedish here.}

^{[18] FRA, Migration: Key Fundamental Rights Concerns, November 2020, available here,  23.}

^{[19] Information provided by lawyers from the Swedish Refugee Law Center in March 2021.}

^{[20] Chapter 8, Section 9 c Aliens Ordinance Act.}

^{[21] Ibid. Note that Article 15.3(c) recast Asylum Procedures Directive introduces that obligation “wherever possible”.}

^{[22] Tidöavtalet, available in Swedish here, 45.}

^{[23] The Swedish Agency for Public Management, Många öar små – Migrationsverkets styrning och uppföljning av den rättsliga kvaliteten i asylprocessen, 7 October 2024, available here.}

^{[24] Government of Sweden, ‘Utkast till lagrådsremiss Skärpta krav för offentliga biträden och höjda kompetenskrav för tolkar i migrationsärenden’, 13 November 2024, available here.}

^{[25] Kammarkollegiet, Kammarkollegiets tolkföreskrifter, KAMFS 2021:2, 30 June 2021, available in Swedish here.}

^{[26] Kammarkollegiet, Kammarkollegiets tolkföreskrifter, KAMFS 2021:2, 30 June 2021, available in Swedish here.}

^{[27] Government, Att förstå och bli förstådd – ett reformerat regelverk för tolkar i talade språk, SOU 2018:83, December 2018, available in Swedish here, 36.}

^{[28] Information provided by lawyers from the Swedish Refugee Law Center, 2024.}

^{[30] Information provided by the Swedish Migration Agency in May 2023.}

^{[31] Skrivelse angående Migrationsverkets hantering av förordnanden av advokater som offentligt bitrade, m.m, ÄR-2023/0336, Stockholm 7 mars 2023.}

^{[32] Chapter 12, Section 10 Aliens Act.}

^{[33] Chapter 23 Section 2 Administrative Law (Förvaltningslagen).}

^{[34] Administrative Court Procedure Act (1971:291) Section 50 and Administrative Procedure Act (2017:900) Section 13.}

^{[35] EASO, Asylum Report 2020: Annual Report of the Situation of Asylum in the European Union, July 2020, available here, 164.}

^{[36] Chapter 13 Section 13 Aliens Act.}

^{[37] Swedish Migration Agency, Monthly Statistical Report December 2022, DNR: 1.1.1.2-2022-1381.}

^{[38] Swedish Migration Agency, Monthly Statistical Report December 2023, DNR: 1.1.1.2-2023-1728.}

^{[39] The Swedish Migration Agency, Monthly Statistical Report December 2022, DNR: 1.1.1.2-2022-1381.}

^{[40] The Swedish Migration Agency, Monthly Statistical Report December 2023, DNR: 1.1.1.2-2023-1728.}

^{[41] The Swedish Migraiton Agency, Monthly Statistical Report December 2023, page 22.}

^{[42] Statistics provided by the National Courts Authority in January 2023. The numbers are extracted from the number of asylum cases decided on where oral hearings had been conducted (“FR Rapport 300 Förh tid I avgjorda mål 2022”) and the number of concluded asylum cases (Avlägsnandemål asyl, “FR KR Rapport 100 Ink, avg.bal per målkat 2022”).}

^{[43] Statistics provided by the National Courts Authority in January 2024. The numbers are extracted from the number of asylum cases decided on where oral hearings had been conducted (“FR Rapport 300 Förh tid I avgjorda mål 2023”) and the number of concluded asylum cases (Avlägsnandemål asyl, “FR KR Rapport 100 Ink, avg.bal per målkat 2023”).}

^{[45] Statistics provided by the National Courts Authority in January 2023 and January 2024.}

^{[46] Statistics provided by the National Courts Authority in January 2023, January 2024 and January 2025.}

^{[47] National Audit Office, ‘I väntan på dom – migrationsdomstolarnas handläggningstider i asylmål (RIR 2022:5)’ March 2022, available in Swedish here.}

^{[48] Paragraph 6 Administrative Procedure Act (Förvaltningsprocesslagen).}

^{[49] Paragraph 37 b Administrative Procedure Act.}

^{[50] Paragraph 9 Administrative Procedure Act.}

^{[51] Paragraph 37 b, Administrative Procedure Law.}

^{[52] Chapter 16, Section 12 Aliens Act.}

^{[53] Section 34a(2) Administrative Court Procedure Act (1971:291).}

^{[54] Chapter 16, Section 10 Aliens Act.}

^{[55] Chapter 16, Section 10 Aliens Act.}

^{[56] Chapter 2a, Special Control of Aliens Act (Lagen om särskild utlänningskontroll) 1991:572.}

^{[57] Chapter 10, Special Control of Aliens Act.}

^{[58] Chapter 18, Section 1 Aliens Act.}

^{[59] Chapter 18, Section 1a Aliens Act.}

^{[60] Migration Court of Appeal, Decision MIG 2017:21, UM8311-17, 14 November 2017, available in Swedish here.}

^{[61] Standard hourly fee for 2022 according to the Legal Aid Act, see here.}

^{[62] Information provided by the Migration Agency by email in March 2024.}

^{[63] Section 5 of the Act (1996:1620) on Public Counsel and Sections 26-29 of the Legal Aid Act (1996:1619)}

^{[64] Information provided by the Migration Agency’s statistics unit.}

^{[65] Information provided by the Migration Agency by email in March 2024.}

^{[66] Information provided by the Migration Agency by email in January 2025.}