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13/01/2023
SE: The Supreme Administrative Court ruled that the Migration Agency can revoke a decision on daily allowance or reduce the allowance when it is proven that the applicant has personal financial resources.

ECLI
Input Provided By
EUAA IDS
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Sweden, Supreme Administrative Court [Högsta förvaltningsdomstolens], Applicant v Migration Agency (Migrationsverket), 6933-20, 13 January 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3128
Case history
Other information
Abstract

In this case the Swedish Migration Agency revoked a decision providing daily allowance to an asylum applicant when it was discovered that he had his own resources. The asylum applicant appealed the Migration Agency's decision to the administrative court, which considered that the Migration Agency had no right to change the decision because it was not clear from the decision or the regulations on which it was based that the decision could be revoked under certain conditions. The Court of Appeal agreed with the administrative court's assessment.


The Swedish Supreme Administrative Court held that the Migration Agency had the right to change a favorable decision on financial assistance to an asylum applicant when a basic condition for issuing the assistance no longer existed.


The court noted that in administrative law, a decision which by its nature is favorable to an individual may be changed to the detriment of the individual only if it is clear from the decision or the regulations on which it is based that the decision may be revoked under certain conditions, if there are compelling security reasons or if the individual misguided the national authority.


The Supreme Administrative Court stated that the law on reception of asylum applicants provides that a foreigner who lacks his own funds is entitled to daily allowance, meaning that the fact that the asylum applicant lacks personal funds is a fundamental condition for the right to assistance. The court further considered that there were additional provisions and statements in the preparatory work that supported the fact that the intention of the aid is that the decisions should apply until the prerequisites for aid no longer exist. The court therefore considered that it was clear from the regulations that the decision to grant daily allowance had been based on the fact that the decision had to be revoked if the conditions for assistance changed. 


It was thus concluded that the Migration Agency had the right to revoke the decision on daily allowance because the asylum applicant had his own funds.


Country of Decision
Sweden
Court Name
SE: Supreme Administrative Court [Högsta förvaltningsdomstolens]
Case Number
6933-20
Date of Decision
13/01/2023
Country of Origin
Unknown
Keywords
Reception/Accommodation
Source
Domstol.se
Other Source/Information
Migration Agency