If you are dissatisfied with the outcome in the administrative court, you can normally appeal to the administrative court of appeal. The vast majority of cases in the administrative courts of appeal have first been considered and determined by a administrative court, but not all cases can be reconsidered on appeal.
For a case to be reconsidered, it is required that the administrative court grants leave to appeal, which will be granted if there is reason to change the administrative court’s decision or if the determination of the court may be of importance as a precedent. However, in tax cases and cases concerning care of young people, substance abusers and people who are mentally ill, leave to appeal is not required.
Where are the administrative courts of appeal located?
There are four administrative courts of appeal in Sweden - Gothenburg, Jönköping, Stockholm and Sundsvall - and each administrative court of appeal receives matters from the administrative courts within its catchment area.
Aliens and nationality cases can only be reconsidered in full at the Administrative Court of Appeal in Stockholm, the Migration Court of Appeal. The administrative courts that consider decisions made by the Swedish Migration Board are the Administrative Courts in Stockholm, Malmö, Gothenburg and Luleå.
Who do you come into contact with at the administrative courts of appeal?
The head of an administrative court of appeal is called the President of the Administrative Court of Appeal. There are also heads of divisions, judges, associate judges, reporting clerks, lawyers presenting matters and administrative staff at these courts. In total, there are approximately 500 employees at the four administrative courts of appeal.
The composition of the administrative court of appeal varies slightly depending on what kind of case is being dealt with. Issues concerning leave to appeal are determined by two members. When the case itself should be determined, it is sufficient in most cases that there are three members for the court of appeal to be able to make a decision. In certain cases, for example, cases concerning social welfare insurance and the care of children, two lay judges also form part of the court. The lay judges are appointed by the county council assembly of the county in question.
Typical cases at the administrative courts of appeal
The administrative court of appeal deals with disputes appealed against between individuals and/or businesses and authorities, the State and municipalities. The most common cases are tax and social insurance cases.
The administrative court of appeal also considers secrecy cases (generally applies to the issue of whether someone is entitled to gain access to an official document) and appeals in cases regarding decisions made by Swedish authorities located outside Sweden, for example Swedish embassies.
The Migration Court of Appeal
The Migration Court of Appeal is the final instance for the reconsideration in full of aliens and nationality cases. Leave to appeal is required. It is granted if a decision by the court is required as guidance on how similar cases are to be assessed (known as a precedent) or if there are extraordinary reasons for hearing the appeal.The Migration Court of Appeal does not have any lay judges.