Author
Swedish legislation on cessation and revocation of status of international protection has changed since the implementation of relevant recast EU Directives. Relevant legislation can be found in Chapter 4 of the Aliens Act. Sweden adheres to relevant EU legislation and international law.
A refugee or subsidiary protection status shall be withdrawn if the person cannot be regarded as a refugee or in need of subsidiary protection. The grounds for withdrawal are based on the grounds included in Qualification Directive article 14 and 19:[1] cessation, exclusion, committing a serious crime, danger to national security, and misrepresentation or omission of facts. According to case law, to withdraw subsidiary status due to committing a crime, at least one of the crimes committed must be a serious crime.[2]
Decisions on withdrawal of protection status are taken by the Migration Agency. There is no explicit requirement for conducting a personal interview, however the Migration Agency’s position is that a personal interview should be held in these cases given the impact the decision can have for the individual as well as the fact that the burden of proof rests with the Migration Agency. The beneficiary of protection will be informed by letter that the Migration Agency has started a case regarding withdrawal of status, including information on the reasons to start such a case. The beneficiary of protection will have the possibility to respond to relevant questions either in written form or at an interview. Withdrawal of status does not automatically lead to withdrawal of residence permit. A permanent residence permit may only be withdrawn when the permit was granted based on false information. If the person of concern has lived in Sweden more than four years, her/his permit may only be withdrawn when there are exceptional grounds. If the status should be withdrawn in the process of renewal of permit, a residence permit may be granted if the applicant fulfils the condition for another ground for residence permit. If the possibility of expulsion arises as a result of the withdrawal procedure, a legal counsel is appointed on the same grounds as in a normal asylum case.[3] Decisions to withdraw status can be appealed to the Migration Court, and Migration Court judgments can be appealed to the Migration Court of Appeal, subject to leave to appeal. The time limit for appeal is three weeks, and the Migration Court may assign a legal representative when a decision of withdrawal has been appealed.
On 21 November 2023, the Swedish Government instructed an inquiry to present an overview of the legal possibilities to deny and withdraw residence permits due to dishonourable conduct or other reasons. The report shall present its findings in March 2025.[4]
In a Government Bill in November 2023, the Government proposed that it shall be possible to withdraw a residence permit if it can be assumed that the person will engage in corporate espionage conducted by a foreign state or activity relating to terrorism.[5] This proposal was approved by the Parliament and came into force on 1 March 2024.
In 2024, 593 cases regarding residence permits and 1,051 cases concerning citizenship were reported to the Swedish Security Service. In 2023, 424 cases regarding residence permits and 687 cases concerning citizenship were reported to the Swedish Security Service.[6]
In 2024, the Swedish Migration Agency withdrew international protection status for 1,003 individuals (712 refugee status, 291 subsidiary protection). A notable difference from 2023. The most common nationalities regarding refugee status were Syria (101), Afghanistan (73), Iraq (66), regarding subsidiary protection status the most common nationalities were Syria (114), Afghanistan (107), and Iraq (15).[7]
In 2023, the Swedish Migration Agency withdrew international protection to 280 individuals (217 refugee status, 63 subsidiary protection) The most common nationalities regarding refugee status were Afghanistan (43), Iraq (28), Syria (23), regarding subsidiary protection status the most common nationalities were Syria (27), Afghanistan (18), and Somalia (5).[8]
[1] Aliens Act Chapter 4, Section 5 b, for refugee status and Aliens Act Chapter 4, Section 5 c, for subsidiary protection status.
[2] See case MIG 2020:16 the Migration Court of Appeal, available in Swedish here.
[3] Migration Agency, Rättsligt ställningstagande. Förutsättningarna för att återkalla en skyddsstatusförklaring – RS/054/2021 (version 5.0), 8 December 2023, available in Swedish here.
[4] Swedish government, ‘Skärpta krav på hederligt levnadssätt och ökade möjligheter till återkallelse av uppehållstillstånd’, Dir. 2023:158, 21 November 2023, available in Swedish here. The time for concluding the report was in November 2024 extended until March 2025 here: Tilläggsdirektiv till Utredningen om skärpta krav på hederligt levnadssätt och ökade möjligheter till återkallelse av uppehållstillstånd – Regeringen.se
[5] Swedish Government, ‘Vissa ändringar i regelverket om säkerhetsärenden enligt utlänningslagen’, Prop. 2023/24:36, 7 November 2023, available in Swedish.
[6] Migration Agency, Annual Report 2022, Dnr: 1.3.2-2023-2262, available in Swedish here, 121.
[7] Information provided by the Migration Agency’s statistical unit in April 2025. It is worth noting that 146 refugee statuses were revoked for individuals who had, by that time, already become Swedish citizens.
[8] Information provided by the Migration Agency’s statistical unit.