The applicant requested international protection  in Sweden and on 26 November 2019, the Migration Board rejected her application, and gave  4 weeks for the applicant to voluntarily leave the country. On 9 December 2019, the applicant refused to comply with the expulsion decision and the Migration Board, after informing her, decided to reduce her daily allowance.

According to Swedish national Alien’s legislation, a third country national covered by this Act (asylum seekers and others) is entitled to a daily allowance if the person lacks the resources. The legislation provides also the possibility to reduce this allowance when the third country national refuses, without a valid reason, to cooperate in the enforcement of a deportation order.  

The applicant appealed the decision before the Administrative Court of Linköping and the Court upheld the appeal as although it appears that the applicant does not intend to return to her country of origin voluntarily, it is not apparent from the investigation that she has been asked to assist in any measure necessary for the enforcement of the expulsion order or that her conduct must be interpreted as a refusal to assist in such a measure. The Migration Board appealed to the Administrative Court of Appeal of Jönköping, which dismissed the appeal.

The Migration Board then requested the Supreme Administrative Court to confirm the initial decision according to which the conditions for a reduction in the daily allowance were met, as after being informed about the procedures and her obligations, the applicant expressed refusal to voluntarily leave the country and that constitutes refusal to assist in a measure which is necessary for the enforcement of an expulsion order.

The Supreme Administrative Court upheld the Migration Board’s decision to reduce her daily allowance.