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Bestämning av flyktingskap i Sverige

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image of Nordic Journal of International Law

There is no official refugee declaration in Sweden. The procedure is the same for asylum seekers and for other aliens applying for residence permissions. It starts with interrogation by the police, the protocole of which is submitted to the Central Immigration Authority, Statens Invandrarverk SIV. A well functioning legal aid system grants the asylum seeker threatened by expulsion free legal counsel and representation from the stage of the police hearing until the case is finally decided. SIV handles the cases in camera without hearings or contradictionary proceedings. This - according to the author - is the root of a certain credibility gap concerning the information available to SIV and how and to what extent it should be communicated to the applicant. The same is said about the interpretation of refugee law tending to be too restrictive. Negative decisions are combined with an order of expulsion. They do often give some explanation of the reasons for the decision. There is an absolute right of appeal to be lodged with the Government within three weeks. In spite of the absence of a refugee declaration there is categorizing into A- or convention refugees — entitled to CTDs, B-refugees and others. This is important for the refugees opportunity to employmant, education etc. but there is no appeal or appropriate remedy in these issues. Considering this and the psychological feeling of safety for the asylum seeker, it is felt that refugee declarations should be introduced in the swedish system. A proposal to establish a special board of appeal for refugee- and other alien cases separated from the Government, has been rejected in Sweden. Therefore the last resort remains the Government, a political instance. This is considered to be to the advantage of refugees - but only as long as the political climate in the country is favourable to them.


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