legal and social conditions for asylum seekers and refugees in ...

Appeal
Negative decisions by the SIV may be appealed to the Aliens Appeal Board (“Utlänningsnämnden”)
within three weeks of notification. In practice, the appeal is lodged with the SIV, which has a formal
option to re-examine the case. If the SIV does not find any grounds for reconsidering its initial
decision, it then forwards the appeal to the Aliens Appeal Board for a final decision.
Normally, negative decisions by the SIV are not subject to immediate enforcement and an appeal
has thus, ipso facto, suspensive effect. However, under the manifestly unfounded procedure
where decisions are accompanied by an immediate enforcement order, appellants must make a
separate application for suspension, which is though rarely granted.
The Aliens Appeal Board comprises a Chairperson, an Alternate Chairperson and lay persons
appointed by Parliament. The Chairperson and the Alternate Chairperson must be professional
judges.
In cases considered to be of special importance, the Appeals Board is composed of two
Chairpersons and four lay persons. Otherwise, it consists of one Chairperson and two lay persons. If
both lay persons disagree with the Chairperson, their opinion prevails. Appeals considered to be of
minor importance – in practice the vast majority of cases – are decided by the sole Chairperson.
An appeal to the Aliens Appeal Board may also be made against decisions to deny travel documents
or refugee status. Appeals may also be lodged against the rejection of an application for a residence
permit on family reunification grounds submitted from abroad (see under “Applications from abroad”
below).
The usual time needed for processing an appeal case is between 6 and 12 months. The percentage
of first instance decisions overruled by the Aliens Appeal Board is as follows:
Year Appeal applications Decisions Rejections
1997 2,529 2,161 67%
1998 2,824 2,479 64%
1999 2,700 2,999 60%
Access to legal aid
Normally, no free legal aid is available when the application is dealt with under the manifestly
unfounded procedure or when there is a strong presumption that refugee status will be granted. In
other cases, free legal aid is available both during the first instance and the appeal procedures.
Access to interpreters
Interpreters are always available at all stages of the procedure and are paid by the authorities.
Interpretation is usually done in person, although it may be conducted over the phone if necessary.
Unaccompanied minors
Unaccompanied minor asylum seekers are processed under the normal refugee determination
procedure. Upon their arrival in Sweden, they are appointed both a guardian and a legal
representative. The task of the guardian, a so-called “good man”, is to assist the child during the
interviews – sometimes along with the legal representative – and to ensure that his/her rights and
special needs are taken into consideration.
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Sweden