Asylum
Sweden must have a humane refugee policy and be a place of refuge for those fleeing persecution and oppression. Sweden's aliens legislation offers more protection than is required by international agreements. This policy has strong support in the Riksdag.
The EU has adopted common minimum standards in the area of asylum so as to harmonise the Member States' legislation in this area. However, there are still major differences between the EU Member States concerning asylum legislation and the implementation of common rules already in place. Sweden is still one of the countries in Europe that attracts most asylum seekers and that provides protection from violence and oppression to the greatest number of people. For Swedens part it is important to take an active role in efforts to achieve a Common European Asylum System.
The Aliens Act
In January 2010, certain amendments to the Swedish Aliens Act entered into force aimed at adapting the Act to the Qualification Directive and the Asylum Procedures Directive. The new rules mean that a person who is a refugee or other persons in need of protection will be granted a status declaration. These amendments mean that there are three categories of persons in need of protection in the Aliens Act: refugees, persons eligible for subsidiary protection and other people in need of protection. Refugees and persons eligible for subsidiary protection are covered by the Qualification Directive. The third category, other people in need of protection, is a national protection category.
System for appeals and procedures in alien and citizenship cases
The current system for appeals and procedures in alien and citizenship cases has been in force since 31 March 2006. It is a result of the Riksdag adopting the Government Bill 'A new system for appeals and procedures in alien and citizenship cases' (Govt. Bill 2004/05:170) in September 2005.
The Swedish Migration Board investigates cases and makes decisions in the first instance. Decisions by the Swedish Migration Board to reject an application may be appealed to a migration court. The three administrative courts in Stockholm, Gothenburg and Malmö are migration courts. As the Migration Court of Appeal, the Administrative Court of Appeal in Stockholm is the final instance in these cases.
Leave to appeal is required from the Migration Court of Appeal to have a case reviewed there. This implies that guidance from the Migration Court of Appeal is needed in application of the law (precedent exemption) or that there are other exceptional grounds (extraordinary exemption). For example, the migration court may have made a serious error in its handling of the case. The Government plays no role in this process.
When a decision is appealed, there is a court action between two parties, the Swedish Migration Board and the applicant. An applicant may be granted an oral hearing in migration courts corresponding to the general procedure at administrative courts. The main focus of hearings in aliens cases lies at the court of first instance, i.e. the Swedish Migration Board.
Evaluation of the system for appeals and procedures
The Evaluation Inquiry (Ju 2007:12) has, on the instructions of the Government, evaluated the new system for appeals and procedures. An interim report - 'Secrecy and public counsel in aliens cases' (SOU 2008:65) - was submitted in June 2008. The Evaluation Inquiry's final report - 'The new migration process' (SOU 2009:56) - was submitted on 24 June 2009. In its report, the Inquiry evaluates whether the basic requirements made of the system for appeals and procedures on its introduction have been met. The Evaluation Inquiry notes that the aims have essentially been met and the reform has been successful. However, the Inquiry stresses that its work should be seen as an initial early follow-up as this legal development has only just begun. For certain parts of the reform the Inquiry has not been able to draw any definitive conclusions because of the short time that has passed. Both courts and the Swedish Migration Board are working continuously on improving organisation and routines.
Other inquiries and assignments
Following a proposal by the Evaluation Inquiry, the Government instructed the Transparency Inquiry (Ju 2007:13) to investigate the issue of greater protection for asylum seekers' identities in a wider context as well. The issue is dealt with in the Transparency Inquiry's interim report 'Party transparency and new technology in courts of law, etc.' (SOU 2008:93). Preparations are under way within the Government Offices. Concerning the appointment of public counsel, the Swedish Migration Board has changed certain routines.
Following the supplementary terms of reference (ToR 2009:113), in a report entitled 'Cases and funding - special measures for certain types of case in court' (SOU 2010:44), the Case Inquiry (Ju 2008:11) looked into the consequences of introducing variation as an additional reason for the Migration Court of Appeal granting leave to appeal. The report is currently being dealt with at the Government Offices.
On the instructions of the Minister for Migration and Asylum Policy, a survey has been under way since 20 April 2010 on the implementation of the provision on exemption in the Aliens Act concerning exceptionally distressing circumstances (Chapter 5, Section 6), particularly with regard to children. This is to supplement the account already given by the Evaluation Inquiry. The survey is to be completed by 30 April 2011.
