If a person's application is rejected by the Swedish Migration Board, the decision can be appealed against. The single largest category of decisions of the Swedish Migration Board that are appealed against are those relating to applications for asylum. A description is provided below of what happens when the Swedish Migration Board has rejected an application for asylum and the person who has applied then appeals to court. In broad terms, this system applies to most decisions of the Swedish Migration Board that are appealed against.
See larger image
An asylum application is submitted to the Swedish Migration Board, which will either grant it or reject it. If the Swedish Migration Board grants the application, a residence permit will be issued. In the event of rejection, the Swedish Migration Board will also make a decision on refusal of entry or, if the person who made the application is in Sweden, on deportation.
A decision of the Swedish Migration Board to reject an asylum application and simultaneous decision on refusal of entry or deportation can be appealed against. Appeals are submitted to the Swedish Migration Board, which will first reconsider its decision. If the Swedish Migration Board does not amend the decision, the appeal will be forwarded to a Migration Court.
In the Migration Court, the Swedish Migration Board will be the
opponent of the person who applied for asylum. The asylum seeker will often be represented by public counsel. The determination of the Migration Court can be appealed against to the Migration Court of Appeal. Appeals should be submitted to the Migration Court, which will forward the documents to the Migration Court of Appeal.
In order for the Migration Court of Appeal to entertain an appeal, leave to appeal must first be granted.
If the Migration Court of Appeal does not grant leave to appeal, the
decision of the Migration Court will remain in force and it will not be
possible to appeal further.
However, if leave to appeal is granted, this means that the case will
be considered and determined by the Migration Court of Appeal. The
decision will form a precedent and thereby provide guidance for decisions of the Swedish Migration Board and the Migration Courts in similar matters.
The Migration Court of Appeal is the supreme instance and its decisions cannot be appealed against.