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Asylum decision - what happens then?
How does the Swedish Migration Board make a decision?
When the Swedish Migration Board makes a decision on your asylum case, what you have told in the asylum investigation is compared with the Aliens Act and with the information that the Swedish Migration Board has and what the situation in your home country is like.
What is the Aliens Act?
The Aliens Act (in Swedish: Utlänningslagen) is a law that includes the rules for whether you can stay in Sweden or not. The law was decided by Sweden´s parliament.
There are three diffferent grounds for asylum:
Refugees
A person who may be subjected to persecution if they go back their home country can stay in Sweden as a refugee if he or she cannot obtain protection in his or her home country — and if the persecution he or she is subjected to is a result of his or her:
• race (origin), national or ethnic origin (for example skin colour)
• nationality, for example linguistic or ethnic group
• religion
• political affiliation (opinions on how a country should be governed)
• belonging to a certain social group, gender (girl or boy) or sexual orientation (sexual orientation means if a person falls in love with girls, boys or both girls and boys)
In order to be granted asylum, the asylum seeker must risk being persecuted for one of these reasons and be so scared that he or she can´t or won´t use protection in his or her home country, for example police protection.
According to the law this applies no matter whether the persecution is by the country´s authorities or if the country´s authorities can´t or won´t provide protection from persecution.
Persons eligible for subsidiary protection
Persons in need of subsidiary protection are people who are not refugees as defined by the law, but who are still afraid to return to their home country. There are two main reasons why a person is in need of protection.
1. The person either risks torture, death penalty, or other inhuman or degrading treatment if he or she returns.
2. The person needs protection because there is a serious risk that he or she will be injured in a war or other violence in the country. He or she may also not be able to return because of a natural disaster.
You become in need of protection if you can´t obtain protection and help in your own country.
Particularly distressing circumstances
When the Swedish Migration Board considers what is called particularly distressing circumstances, the Swedish Migration Board assesses the child´s overall situation. There must be strong grounds to stay in Sweden. The Swedish Migration Board must especially consider how the asylum seeker is feeling, how he or she adapting to Sweden and the situation in his or her home country.
