General

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The majority of detention decisions are taken by the Swedish Migration Agency, the Migration Courts or the Police. In some cases, the Swedish Security Service has authority to decide on detention.^[1]

The Police authority can issue a detention decision before asylum seekers have their asylum case registered at the Swedish Migration Agency as well as where third country nationals are present illegally in the country or have been expelled on grounds of criminality and served their sentence but are still in the country.^[2] The Police is also responsible for taking decisions on detention when the Swedish Migration Agency has handed over responsibility for a person’s case to them. This happens when the Swedish Migration Agency no longer considers that the persons will leave the country on a voluntary basis even though their appeal has been rejected. Normally a rejected asylum seeker has 4 weeks to leave the country voluntarily, although this may in practice be extended if the circumstances warrant it.

The Swedish Migration Agency can take decisions on detention as long as they are handling the asylum case or an application for a residence permit.^[3] The Migration Courts can issue decisions on detention while dealing with an appeal. If a decision on detention is taken first at the Migration Court, the decision can be appealed to the Migration Court of Appeal without being subject to leave to appeal.^[4]

If a case is being dealt with by the Government, e.g. in cases regarding expulsion due to a security threat, it is the responsible Secretary of State who can take decisions on whether a third country national  should be detained or not.^[5] The police is also allowed to place a third country national in detention, even if this is not their formal responsibility, when circumstances so require e.g. if there is a clear risk of a third country national disappearing once apprehended. Even the coastguards and customs officers can detain a third country national if there is a danger that they will go into hiding. However, the detention must be reported immediately to the police, who then takes over responsibility.^[6]

In the current system, the officers of the Swedish Migration Agency are not allowed to use coercive force to implement a decision. They must therefore call on the Police for assistance to, for example, escort a third country national to or from the detention centre or to enforce and expulsion order when a detainee refuses to comply.^[7]

The number of detainees based on the Aliens Act increased slightly from 3,084 in 2023 to 3,695 in 2024. This includes 6 children and 3,689 adults, out of which 407 were women and 3,282 men (compared to 5 children and 3,173 adults – 406 women and 2,767 men – in 2023).[8] The number of detainees remained approximately at the same level in 2021 as in 2020. During 2022 the numbers returned to the normal situation before COVID-19.^[9]

Source: Swedish Migration Agency.[10]

The number of persons detained because of inability to identify themselves is minimal, whereas the number of Dublin detainees who may still have an appeal pending is a little higher. In practice, applicants in Dublin procedures may abscond before an attempt to remove takes place. During 2017 the rules were changed regarding which authority is responsible for Dublin returnees with a legally enforceable removal order so that these now are the responsibility of the police not the Swedish Migration Agency.^[11]

^{[1] Chapter 10, Section 13(3) Aliens Act.}

^{[2] Chapter 10, Sections 13 and 17 Aliens Act.}

^{[3] Chapter 10, Section 14 Aliens Act.}

^{[4] Chapter 16, Section 11 Aliens Act.}

^{[5] Lag (1991:572) om särskild utlänningskontroll.}

^{[6] Chapter 10, Section 17 Aliens Act; Lag (1991:572) om särskild utlänningskontroll.}

^{[7] Chapter 12, Section 14 Aliens Act.}

^{[8] The Swedish Migration Agency, ‘Annual Report 2024’, Dnr: 1.3.2-2025-1844, 21 February 2024, available in Swedish here.}

^{[9] The Swedish Migration Agency, ‘Annual Report 2023’, Dnr: 1.3.2-2024-2238, 22 February 2024, available in Swedish here, page 78.}

^{[10] In the latest statistics from the Swedish Migration Agency, the figures for 2022 and 2023 have also been revised. Therefore, they are revised here as well, comparing to the previous AIDA reports.}

^{[11] Chapter 12, Section 14 Aliens Act.}