Withdrawal of protection status

Sweden

Country Report: Withdrawal of protection status Last updated: 21/04/21

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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. There is no up-to-date English translation of the Aliens Act, but it should be noted that 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A refugee or subsidiary protection status shall be withdrawn if the person cannot be regarded as a refugee or in need of subsidiary protection.[1] Grounds for this can be cessation, exclusion, serious crime, danger to national security, and misrepresentation or omission of facts. Decisions on withdrawal of protection status are taken by the Migration Agency. Decisions 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. 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. 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.[2]

It should be further noted that, when it comes to cessation, review or withdrawal of international protection, the Swedish Migration Agency, the Swedish Police and the Swedish Security Services have intensified and formalised their co-operation in order to render more efficient the work of identifying those who should not benefit from international protection. In 2020, 483 cases regarding residence permits and 820 cases concerning citizenship were reported to the Swedish Security Services.

In 2020, Sweden withdrew international protection status for 278 individuals (153 refugee status, 125 subsidiary protection status). The three most common nationalities of those concerned were Syria (60), Afghanistan (33) and Somalia (9).

 

[1]  Chapter 4, Section 5 b, Aliens Act for refugee status and Chapter 4, Section 5 c, Aliens Act, for subsidiary protection status.

[2] Migration Agency, Rättsligt ställningstagande angående förutsättningarna för att återkalla en skyddsstatusförklaring, SR 19/2018, available in Swedish at: https://bit.ly/3bDD7w6, 18.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – I Transposition of the CEAS in national legislation