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The concept of first country of asylum is a ground for inadmissibility (see Admissibility).[1] A country can be considered to be a first country of asylum for a particular applicant for asylum if:
- They have been recognised in that country as a refugee and they can still avail him or herself of that protection; or
- They otherwise enjoy sufficient protection in that country, including benefiting from the principle of non-refoulement;
provided that they will be re-admitted to that country.
In a legal opinion issued in April 2021 the Migration Agency provides details on the application of the first country of asylum concept. It notes that refugee status in another country must be valid and that entry to that country is possible at the time the Agency takes a decision on the application in Sweden. More importantly, the Migration Agency considers that the requirement of protection from refoulement renders it difficult to apply the first country of asylum concept to statuses other than refugee status.[2]
[1] Ch. 5, Section 1b(2) Aliens Act.
[2] Migration Agency, Rättsligt ställningstagande angående avvisning av ansökan om uppehållstillstånd med stöd av 5 kap. 1 b § utlänningslagen, RS/065/2021, 23 April 2021, available in Swedish at https://bit.ly/3400RM0, 8ff.