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22/06/2020
SE: The Supreme Administrative Court ruled on the registration and removal of public assistants on the list of the Swedish Migration Agency
22/06/2020
SE: The Supreme Administrative Court ruled on the registration and removal of public assistants on the list of the Swedish Migration Agency

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
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], Swedish Migration Agency v Applicant, 2858-19 and 2859-19, 22 June 2020. 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=3544
Case history
Other information
Abstract

The Supreme Administrative Court ruled that the Swedish Migration Agency has been mandated by law to appoint public assistants in certain specific situations but there is no constitutional regulation on how this appointment shall be carried out. The appointment has the purpose to ensure that the beneficiary of assistance can defend properly his or her rights. To ensure that tasks such as public assistance are only given to people who are suitable, the Migration Agency has a list that decision-makers within the authority can then take a look at for appointments. However, the list should be seen as an internal decision support for the Migration Agency's decision makers. A person who registers an interest in being appointed as a public assistant is entered on the list if the person in question is considered suitable. Correspondingly, a person who is no longer considered suitable can be removed. In all type of measures, the authority must observe general principles of objectivity.


The Supreme Administrative Court clarified that since the list of persons constitutes an internal decision-making support for the decision makers of the Agency, the measures to remove a person or not to record a person who expresses interest, does not constitute an administrative decision subject to appeal.


The Supreme Administrative Court further ruled that the list is not binding for decision makers at the Migration Agency. A person (lawyer, lawyer at a law firm or other)  who is not there can still be appointed, for example if an individual has requested it.


Country of Decision
Sweden
Court Name
SE: Supreme Administrative Court [Högsta förvaltningsdomstolens]
Case Number
2858-19 and 2859-19
Date of Decision
22/06/2020
Country of Origin
Unknown
Keywords
Legal Aid/Legal assistance/representation
Appeal / Second instance determination