Author
In 2022 the number of first-time asylum applications was 16,734, an increase from 11,412 in 2021 and 12,991 in 2020. In 2022, out of the total number of applicants, 2,009 came from Afghanistan, 1,976 from Ukraine, 1,379 from Syria, 1,266 from Iraq, and 746 from Russia.[1]
At first instance, the recognition rates in cases decided on the merits was 37% in 2022, compared to 32% in 2021, and 25% in 2020 : The recognition rates for major countries of origin were as follows: 60% (887) for Afghans, down from 62% in 2021, 90% (949) for Syrians, up from 85% in 2021, 85%(247) for Eritreans, up from 82% in 2021, 61% (306) for Turkish, down from 63% in 2021, 54% (119) for Stateless persons, down from 57% in 2021. As regards second instance, the Migration Court approved 6% of appeals, in comparison to 7% in 2021.[2]
In 2020 there was a significant decrease in the recognition rate for Syrians as a result of a change in the Migration Agency’s assessment of the security situation in the country. In 2022, the Migration Agency continued to consider that the security situation in the internal armed conflict was not such that each and every one is in need of international protection in several provinces in accordance with Article 15(c) of the Qualifications Directive, and that an individual assessment of the applicant’s risk therefore must be made. However, it also considered that the improved security situation was not such that it can be considered as significant and non-temporary in nature in the context of cessation.[3] In 2021, the Migration Agency changed its position regarding refugee claims from Syria based on risks due to military service, as an adjustment to the CJEU case EZ v. Germany, meaning refugee status in general was granted to those who would be enrolled in military services.[4] The Migration Agency maintained this position in 2022.
In July 2021, the Swedish Migration Agency decided to halt all enforcement of deportations to Afghanistan and to suspend decision-making in general in asylum cases concerning Afghans, following the Taliban regime take-over and the subsequent uncertainty regarding how the situation would develop, and the lack of country of origin information. In November 2021, the Migration Agency decided to lift the suspension of asylum decisions and stated that in general, Afghans with a deportation order would be entitled to a new examination of their protection claims.[5] Throughout 2022, the Migration Agency and the Migration Courts have taken decisions and ruled on asylum cases. The Swedish Refugee Law Center compiled a report, analysing a number of Migration Agency asylum decisions for Afghans.[6] On 6 December 2022 the Migration Agency published an updated legal position on protection assessment regarding Afghanistan. According to this new position, women and girls shall be granted refugee status due to the overall discriminatory human rights violations in Afghanistan.[7]
Applicants from countries with a recognition rate below 15% are presumed to have their cases treated under the accelerated procedure (“Track 4B”) even if cases are individually assessed before being placed in this procedure. The countries currently listed are: Albania, Algeria, Armenia, Belarus, Bolivia, Bosnia and Herzegovina, Brazil, Chile, Colombia, Cuba, Djibouti, Georgia, Great Britain, India, Israel, Kosovo, North Macedonia, Mexico, Mozambique, Morocco, Moldova, Mongolia, Montenegro, Peru, Philippines, Serbia, South Africa, Thailand, USA, and Vietnam[8] (see section on Accelerated Procedure).
[1] Migration Agency, Monthly statistical report, December 2022
[2] Migration Agency, Monthly statistical report, December 2022
[3] Migration Agency, Rättsligt ställningstagande – Prövningen av skyddsbehov för personer från Syrien, RS/022/2020, available in Swedish at: http://bit.ly/3LYyC46.
[4] Migration Agency, Rättsligt ställningstagande. Prövningen av skyddsbehov för personer från Syrien, RS/022/2020 (version 3.0), available in Swedish at: http://bit.ly/3LYyC46.
[5] Migration Agency, ‘Information regarding the situation in Afghanistan’, available at https://bit.ly/3eYg9mn.
[6] Swedish Refugee Law Center, Flyktingskapsbedömningar i första instans – ett år efter talibanernas maktövertagande i Afghanistan, December 2022, available in Swedish at: https://bit.ly/3Jnbf2G
[7] SMA, Legal position RS/089/2021, Prövning av skyddsbehov m.m. för medborgare från Afghanistan (version 3.0) available in Swedish at: http://bit.ly/3zaBcw6.
[8] Migration Agency, VÄGLEDNING Lista över länder och lägsta idkategorisering för sortering i spår 4B Dnr: 1.2.2.2-2022-20585, 7 May 2021, revised 22 September 2022.