Author
The duration of detention of adults is governed by Chapter 10, Section 4 of the Aliens Act. Generally, detention may not exceed 2 weeks, unless there are exceptional grounds for longer detention.[1] Persons who are issued with an expulsion or refusal of entry order may be detained for up to 2 months, with a possibility of extension if there are exceptional grounds[2] Even if there are such exceptional circumstances, they cannot be detained longer than 3 months or, if it is likely that the execution will take longer because of the lack of cooperation by the third country national or because it takes time to acquire the necessary documents, more than 12 months. The time limits of 3 and 12 months do not apply if the third country national is expelled by ordinary courts because of crimes.
The 2-month time limit therefore does not apply to asylum seekers throughout the examination of their claim, unless a deportation order has already been issued against them. Asylum seekers are in principle detained for up to 2 weeks. Moreover, detention for the purposes of investigating the alien’s right to remain in Sweden under Ch. 10, Section 1(2)(1) cannot exceed 48 hours.[3]
The average period of detention was 49 days in 2024, thus increasing from 46 days in 2023 and decreasing from 52 days in 2022. This refers to an average 50 days for men and 40 days for women in 2024 (compared to 47 and 40 days respectively in 2023).[4]
In their concluding observations on the eighth periodic report of Sweden the Committee against Torture (CAT) emphasised that detention of asylum seekers should only be used as a last resort and, where necessary, for as short a period as possible.[5]
[1] Chapter 10, Section 4(2) Aliens Act.
[2] Chapter 10, Section 4(2) Aliens Act.
[3] Chapter 10, Section 4(1) Aliens Act.
[4] Swedish Migration Agency, ‘Annual Report 2023’, Dnr: 1.3.2-2024-2238, 22 February 2024, available in Swedish here, page 78.
[5] CAT, ‘Concluding observations on the 8th periodic report of Sweden’, 2021, available here.