Skip Ribbon Commands
Skip to main content

​​

Second instance determination - Sweden
Last updated on 19/11/2024

Two appeals are possible against a decision on international protection pronounced by the Swedish Migration Agency (Migrationsverket, SMA).
 

The first appeal may be lodged before one of the four regional migration courts (Malmö, Gothenburg, Stockholm and Luleå, which function as divisions of the administrative courts of Sweden), while the second appeal may be lodged before the Migration Court of Appeal, which functions as a specialised section of the Administrative Court of Appeal in Stockholm, handling only asylum and migration cases. At both appeals, the case is examined in fact and in law.
 

Specific aspects to the Swedish appeal system include the following:
 

  • At the stage of the first appeal, the appellant must send the appeal to the SMA, which will consider whether the administrative decision should be changed. If the Migration Agency does not find any reason to change the decision, the appeal is referred to the Migration Court (see Swedish Migration Agency, If you want to appeal).
  • At the stage of the second appeal, a leave to appeal is required before the Migration Court of Appeal, which will only examine certain cases, either because there are no precedents (and thus no legal guidance) or because they have been incorrectly examined by the Migration Court (Chapter 16, Section 12 Aliens Act).

The relevant legal provisions concerning the first and second appeal in asylum cases for status determination are Chapters 14 and 16 of the Aliens Act (Utlänningslag (2005:716)).
 

A decision is considered final when:
 

  • The rejected applicant accepts the decision of a refusal of entry or expulsion and signs a declaration of acceptance;
  • The decision on appeal becomes final when none of the parties appeal within the deadline (Section 35 Administration Act) or there is no appeal against the court judgment (e.g. there is no appeal against a decision of the Migration Court of Appeal not to consider a case).
     

In the absence of a Constitutional Court in Sweden, a diffuse constitutional review is available to all individuals who may lodge constitutional complaints with general courts (Chapter 11, Article 14 Constitution).