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Return Migration: Policies and Practices
d) Expulsion order issued by a national government authority
In cases where the Appeals Board, independently or together with the Migration Board, hands
over a case where national security is endangered, or severe politically-motivated crimes persist,
the relevant national government authority will issue an expulsion order, also on application of
the National Police Board. These expulsion orders are always combined with re-entry bans for a
specified period or indefinitely.
Detention
In Sweden, failed asylum seekers may be arrested only if they are known, or suspected, to have
committed a crime, or if they are suspected of intending to abscond. However, there are no
separate powers of arrest for asylum seekers, and on the initiative of the Swedish Migration
Board, asylum seekers can only be detained temporarily prior to removal.
Chapter 6, Section 2 of the Aliens Act stipulates that aliens over 18 years of age may be detained
in a special detention centre in situations where:
The alien’s identity is unclear;
Detention is necessary for the investigation of his/her right to stay in Sweden;
It is likely that the person will be refused entry or expelled, or this is necessary to the enforcement
of an existing refusal of entry or expulsion order.
In principle, detention under paragraph (c) can only be ordered if there are reasons to presume
that the alien otherwise will attempt to evade implementation of the deportation order or will
engage in criminal activities in Sweden.
Detention under paragraph (b) is limited to 48 hours. In the other cases, it is limited to 14 days
unless there are exceptional grounds to justify a longer period. However, if the refusal of entry or
the expulsion order has already been issued, the detention period may last up to two months, and
even longer if there are exceptional grounds. Due to the possibility of extending detention on
exceptional grounds, there is no limitation on the overall detention period.
The Migration Board runs special detention facilities. Rejected asylum seekers whose deportation
cannot be implemented can thus face lengthy detention periods. Decisions regarding detention
may be appealed to the County Administrative Court (Länsrätten).
In the case of minors, the Aliens Act is rather restrictive – minors may be detained for 72 hours,
plus another 72 hours where “special reasons” exist.
The Migration Board does not have the authority to implement such measures directly and must
rely on the police. Detention of asylum seekers and aliens as described differs from detention of
criminal foreigners, as stipulated by the Swedish Penal Code. When detention is justified on
criminal charges, the sanction may include expulsion without a right to re-enter for a period of
five years, ten years or for life at the end of the judicial process, if the person is found guilty.
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