Many people applying for asylum, residence permits, or other statuses in Sweden receive a rejection from the Swedish Migration Agency. However, it is possible to appeal. Here are 100 common questions and answers about how to appeal and what happens in the process.
1. What does it mean to appeal a decision?
It means asking a court to review and reconsider the Swedish Migration Agency’s decision.
2. What decisions can I appeal?
Any decision where your application has been denied, such as asylum or residence permits.
3. Can anyone appeal?
Yes, if you are directly affected by the decision.
4. Where do I send the appeal?
To the Swedish Migration Agency, which first reviews whether they will change their decision.
5. What happens if the Migration Agency does not change the decision?
They forward your appeal to the Migration Court.
6. What is a Migration Court?
A court that reviews decisions made by the Swedish Migration Agency.
7. Where are the Migration Courts located in Sweden?
In Stockholm, Gothenburg, Malmö, and Luleå.
8. How much time do I have to appeal?
Three weeks from the date you received the decision.
9. How do I submit an appeal?
In writing, by mail or email to the Swedish Migration Agency.
10. What should an appeal include?
Your personal information, the decision you are appealing, and your reasons.
11. Can I write in my own language?
No, the appeal should be written in Swedish or English.
12. Can I get help writing the appeal?
Yes, from a representative, lawyer, or legal advisor.
13. Do I have to hire a representative?
No, but it can be helpful.
14. Can I get a public legal counsel?
Yes, in certain cases, such as asylum matters.
15. Who pays for the public legal counsel?
The state covers the cost.
16. Can I change my public legal counsel?
Yes, but the court must approve the change.
17. What happens after the court receives the appeal?
They notify you and begin processing your case.
18. Will I know when the court will make a decision?
No, but you can contact the court for an update.
19. Can I submit additional documents to the court?
Yes, until the court announces that the case is ready for a decision.
20. What is an oral hearing?
A session where you can present your story to the court.
21. Can I request an oral hearing?
Yes, but the court decides if it is necessary.
22. Do I need to attend the hearing?
Yes, if the court summons you.
23. What happens if I do not attend?
The court may proceed without you.
24. What if I am held in detention (förvar)?
You can appeal the detention decision.
25. Can I be deported while waiting for the court’s decision?
No, not if you appealed on time.
26. Can I stay in Sweden during the appeal process?
Yes, if you have the right to remain while the appeal is processed.
27. How long does it take to get a decision?
It varies, but it often takes several months.
28. What can the court decide?
They can reject the appeal, change the decision, or send the case back to the Migration Agency.
29. What does it mean to send the case back?
It means the case is returned to the Migration Agency for a new review.
30. Can I appeal the Migration Court’s decision?
Yes, but you need permission to appeal to the Migration Court of Appeal.
31. What is the Migration Court of Appeal?
The highest court for migration cases in Sweden.
32. How do I get permission to appeal?
You submit a request, and the court decides if your case qualifies.
33. How often is permission granted?
Rarely, only in cases that may set legal precedent.
34. What happens if permission is denied?
The Migration Court’s decision stands.
35. Can I apply for impediments to enforcement (verkställighetshinder)?
Yes, if new circumstances arise after the decision.
36. What is impediment to enforcement?
Circumstances preventing deportation, such as serious illness.
37. How do I apply for impediments?
By submitting an application to the Migration Agency at any time.
38. What is a new application?
A new request for residence based on changed circumstances.
39. Can I appeal if my new application is rejected?
Yes, if you receive a new denial.
40. What is a re-entry ban (återreseförbud)?
A ban on returning to Sweden for a set period.
41. Can I appeal a re-entry ban?
Yes, together with your appeal against deportation.
42. Can I get permanent residence through appeal?
Only if the court changes the decision in your favor.
43. Do I have to pay to appeal?
No, it is free of charge.
44. Can I receive information in my own language?
Yes, the Migration Agency must inform you in a language you understand.
45. Can I get an interpreter?
Yes, during both the Migration Agency process and in court.
46. Can I submit new evidence?
Yes, and you should do so as early as possible.
47. Can the court summon witnesses?
Yes, if necessary.
48. Can I bring my own witnesses?
Yes, but you must inform the court in advance.
49. What is a legal representative (ombud)?
Someone representing you legally.
50. Who can be a representative?
A lawyer, legal advisor, or someone knowledgeable in migration law.
51. Can I change my representative?
Yes, if you have good reason.
52. What is the decision date?
The date the Migration Agency made its decision.
53. What is receipt of the decision (delfående)?
The day you receive the decision.
54. When does the appeal deadline start?
From the date you receive the decision.
55. What happens if I miss the deadline?
Your appeal will be rejected.
56. What is a rejection of an appeal (avvisningsbeslut)?
When the court refuses to hear your case.
57. What is an approval (bifall)?
When the court accepts your appeal.
58. What is a rejection (avslag)?
When the court denies your appeal.
59. Can I continue studying or working during the appeal?
It depends on your current legal status.
60. What is a two-year re-entry ban?
A ban preventing you from returning to Sweden for two years after deportation.
61. Can the re-entry ban be shorter?
Yes, if special reasons exist.
62. What is the Dublin Regulation?
An EU law determining which country handles your asylum application.
63. Can I appeal a Dublin decision?
Yes.
64. What is an enforcement decision (verkställighetsbeslut)?
An order requiring you to leave Sweden.
65. Can I request a postponement?
Yes, if new circumstances arise.
66. What is a stay of enforcement (inhibition)?
A temporary halt to deportation.
67. How do I request a stay?
By applying to the court.
68. Do I have to write the appeal myself?
No, your legal representative can help you.
69. Can I withdraw my appeal?
Yes, by notifying the court.
70. Can the Migration Agency change its decision?
Yes, if new reasons arise before the court decides.
71. Can I apply for a residence permit on new grounds?
Yes, but you must submit a new application.
72. What is temporary residence?
A permit valid for a limited time.
73. Can I appeal if I receive temporary instead of permanent residence?
Yes.
74. What is a court ruling (dom)?
The court’s official decision on your case.
75. Will I receive the ruling in writing?
Yes, it will be sent to you.
76. Can I get help understanding the ruling?
Yes, your representative or interpreter can explain it.
77. What is a final decision (laga kraft)?
When the ruling can no longer be appealed.
78. What happens when the decision becomes final?
It takes legal effect and can be enforced.
79. What is a remand decision (återförvisningsbeslut)?
When the case is sent back to the Migration Agency.
80. What happens if the case is remanded?
The Migration Agency must review it again.
81. Can I appeal again after a remand?
Yes, if you receive another denial.
82. What is an oral hearing in the Migration Court of Appeal?
A rare hearing at the highest level.
83. Will I always get an oral hearing?
No, they are very uncommon.
84. What is a substantive review (avgörande i sak)?
When the court examines the actual content of your case.
85. Can the court reject the appeal without a hearing?
Yes, if a hearing is not necessary.
86. What is a legislative change (lagändring)?
When Sweden changes its migration laws.
87. Can a legislative change affect my case?
Yes, it may open or close legal opportunities.
88. What is an enforcement date (verkställighetsdatum)?
The date by which you are expected to leave Sweden.
89. Can I request more time to leave?
Yes, in special circumstances.
90. What is particularly distressing circumstances (särskilt ömmande skäl)?
Strong humanitarian reasons, such as serious illness.
91. Can children receive permits for humanitarian reasons?
Yes, in certain cases.
92. Can I apply for a work permit while waiting?
Yes, if you are eligible to work.
93. Can I leave Sweden and return later?
Not if you have a re-entry ban.
94. What are humanitarian reasons (humanitära skäl)?
Severe personal circumstances.
95. Can I get a residence permit on humanitarian grounds?
Yes, but it requires strong reasons.
96. What is voluntary return (frivilligt återvändande)?
Leaving Sweden on your own without being forced.
97. Can I get help to return voluntarily?
Yes, through the Migration Agency’s return programs.
98. What is enforcement control (verkställighetskontroll)?
Monitoring that a deportation is carried out.
99. Can I get legal advice?
Yes, from legal representatives or support organizations.
100. Why is legal advice important?
To ensure you follow the correct steps and don’t miss important opportunities.
