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A Handbook for Asylum seekers in sweden - Tema asyl & integration

A Handbook for Asylum seekers in sweden - Tema asyl & integration

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<strong>Asylum</strong>www.migrationsverket.seDef<strong>in</strong>itionsWhat is <strong>asyl</strong>um (<strong>asyl</strong>)?Article 14 of the Universal Declaration of Human Rights (1948) states that“Everyone has the right to seek and to enjoy <strong>in</strong> other countries <strong>asyl</strong>um frompersecution.” An <strong>asyl</strong>um seeker hence is a person who has left his country andsought <strong>asyl</strong>um <strong>in</strong> another country and who is still wait<strong>in</strong>g <strong>for</strong> a decision on hisapplication <strong>for</strong> <strong>asyl</strong>um. The right to seek <strong>asyl</strong>um, however, does not necessarilyimply that the person has an absolute right to get <strong>asyl</strong>um. Eligibility is determ<strong>in</strong>edafter undergo<strong>in</strong>g a careful <strong>in</strong>vestigation of the applications submitted bythe <strong>asyl</strong>um <strong>seekers</strong>. <strong>Asylum</strong> <strong>seekers</strong> are different from economic migrants.Who is a refugee (flykt<strong>in</strong>g)?Article 1 (A) of the 1951 Convention relat<strong>in</strong>g to the status of Refugees states thata refugee is any person who “ow<strong>in</strong>g to well-founded fear of be<strong>in</strong>g persecuted <strong>for</strong>reasons of race, religion, nationality, membership of a particular social group orpolitical op<strong>in</strong>ion, is outside the country of his nationality and is unable or, ow<strong>in</strong>gto such fear, is unwill<strong>in</strong>g to avail himself of the protection of that country…”This article is implemented <strong>in</strong> the Swedish Aliens Act, and a person satisfy<strong>in</strong>gthese criteria is called a convention refugee. Sweden has also added sex and sexualdisposition as ground <strong>for</strong> grant<strong>in</strong>g refugee status.A refugee is also someone who is stateless and who, <strong>for</strong> the same reason, isoutside the country of his or her habitual residence and who is unable or unwill<strong>in</strong>gto return due to such fear as stated above.Who needs protection (skyddsbehövande)?Accord<strong>in</strong>g to the Swedish Aliens Act, persons who are found not to be “convention”refugees under the 1951 Refugees Convention may qualify <strong>for</strong> subsidiaryprotection under a category known as ‘persons otherwise <strong>in</strong> need of protection– skyddsbehövande i övrigt’. This <strong>in</strong>cludes those that have left their native countryand have good reason to fear capital punishment, torture, other <strong>in</strong>human or degrad<strong>in</strong>gtreatment or punishment, and people <strong>in</strong> need of protection due to war(<strong>in</strong>ternal/external) or an environmental disaster <strong>in</strong> their native country.A <strong>Handbook</strong> <strong>for</strong> <strong>Asylum</strong> Seekers <strong>in</strong> Sweden | 9

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