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

interpreter may be present in the courtroom. Nevertheless, there is a discussiongoing on concerning secrecy/confidentiality in relation to sensitive informationconcerning the asylum seeker.If the Migration Court upholds the initial negative decision of the MigrationBoard and you still wish to appeal against it you can do so to the Migration Courtof Appeal. However, it is required that permission to appeal to the MigrationCourt of Appeal is granted by the Administrative Court of Appeal in Stockholm.If permission to appeal is not granted, the Migration Court’s decision stands. TheCourt mainly takes up matters for review which are of importance as a matter ofprinciple and which could offer guidance in future decisions.Note that also the Migration Board can appeal a positive decision on yourapplication to the Migration Court of Appeal.What happens after two negative decisions?After these two negative decisions it is not possible to submit a new applicationfor a residence permit under the Aliens Act. Instead the focus shifts to the socalled impediments to enforcement (verkställighetshinder), which could be consideredby the Migration Board. This means that each refusal of entry or expulsionshould be preceded by considering whether there are impediments (obstacles) tothe enforcement of the decision. The Migration Board can conduct a review onits own initiative or on request by the rejected asylum seeker on the existence ofimpediments to expel him/her to his/her home country. If impediments to refusalof entry or expulsion are medical or practical it is the Migration Board whichdecides and its ruling may not be appealed. However, if there are new protectioncircumstances (e.g. risk of torture, death penalty or a risk of persecution) whichhave not been examined before, a rejection decision from the Migration Boardcan be appealed to the Migration Court. If the Migration Court finds that suchimpediments exist, the matter is referred back to the Migration Board for furtherexamination and a new decision.Following examination in the Migration Court, and sometimes also in theMigration Court of Appeal, it is the Migration Board that will either issue aresidence permit or provide the person who has been refused entry/expelled withsupport and practical help with the return to the home country. If force is requiredfor the person who has been refused entry/expelled to leave the country,the Board hands over the matter to the police who have the authority to makesure that the person in question leaves the country.How long does it take to have my asylum application decided upon?The length of time it takes to reach a decision depends on such factors as thenumber of asylum seekers who have arrived in recent months and how compli-A Handbook for Asylum Seekers in Sweden | 19