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Refusal of entry with immediate enforcement

The Swedish Migration Board decides on refusal of entry with immediate enforcement if it is clear that you do not have a need of protection nor have any other reasons to remain in Sweden. You must then leave Sweden as soon as possible. A decision on immediate enforcement is taken by the Swedish Migration Board within three months of the application date.
It may also be relevant with a refusal of entry with immediate enforcement if, before arriving in Sweden, you stayed in another country where you have been granted protection or where you could have applied for protection. You can read more about the Dublin Regulation.
 

Declaration of acceptance


You can notify the Swedish Migration Board that you accept the decision on refusal of entry (you declare acceptance). You cannot then appeal the decision. If you have already lodged an appeal, the declaration of acceptance means that your appeal case is withdrawn. You cannot withdraw a declaration of acceptance.
 

Appealing the decision


If you believe the refusal is incorrect, you may appeal against it, but you have no right to remain in Sweden and wait for the decision on your appeal. Normally you do not have the right to a public counsel that can help you with your appeal. The appeal must be in writing and be received by the Swedish Migration Board within 21 days from the date on which you were notified of the decision.

The Swedish Migration Board will then review the case once again. If the Board upholds its decision, the appeal will be forwarded to the Migration Court at one of the three administrative courts, in either Stockholm, Göteborg or Malmö. Which one will depend on the asylum unit that rejected your application. The Migration Court can either change or confirm the Swedish Migration Board's decision.
 

Re-entry ban


If you have received a decision of refusal of entry with immediate enforcement you will receive a re-entry ban for a period of two years. This means that you are not permitted to travel to Sweden or any other Schengen country during this time.

A re-entry ban can be cancelled


If you have been given a re-entry ban, you cannot return to the Schengen Area as long as your re-entry ban is in force. The re-entry ban can in certain cases be cancelled. If you re-apply for a residence permit via a Swedish mission abroad (an embassy or a consulate), the Swedish Migration Board will examine your application. If you are granted a temporary residence permit, your re-entry ban is not applicable whilst this is in effect. If you are granted a permanent residence permit, your re-entry ban is removed. 

The Swedish Migration Board decision to refuse entry


Refusal of entry with immediate enforcement means that you do not have right to a residence permit in Sweden, and means that:
  • you must leave Sweden as soon as possible
  • your opportunities of participating in organised employment are limited
  • children have the right to education and healthcare until the date they leave Sweden
  • if you cooperate in your return you have the right to compensation and emergency healthcare until the day of departure. This also applies to children who are also entitled to education and healthcare.

After you have received decision of refuse entry it is your responsibility to leave the country. You should, if necessary, obtain valid travel documents and otherwise plan for your return journey. The Swedish Migration Board can provide practical support in order to facilitate your trip as long as you cooperate with the return.
 
If you return by air, airlines have special rules for luggage. The Swedish Migration Board staff can provide information on how much luggage you may take with you before you depart. You must pay for any excess weight.
 
Before you leave the country, you must return your LMA card. You must also return your debit card if you previously received financial compensation from the Swedish Migration Board.  

If you do not cooperate


It is your own conduct that determines the procedure for leaving Sweden. If the Swedish Migration Board considers that you are not cooperating with your return following your rejection decision, the Swedish Migration Board is entitled to:
 
  • reduce any daily allowances
  • if we assess there is a risk that you will make yourself unavailable, we have the right to place you under supervision or put you into detention (see fact box)
  • if you do not cooperate in leaving Sweden, or make yourself unavailable so that it is impossible to execute (to practically implement) the decision to leave, the Swedish Migration Board hands the case over to the police. The police have the right to issue a description and search for you. The police also have the right to use force in order to make you leave the country. If your case is forwarded to the police, your return journey is always made with the police's help.

Supervision and detention


Supervision means you are obliged to regularly report at the times and at the place you have received information of, and that you must relinquish your passport or other identity papers. You may also need to satisfy other special conditions.
 
If you are placed in detention this means your freedom of movement is restricted to a detention unit (secured unit). The Swedish Migration Board is responsible for the detention facilities. Children may be placed in detention if the Board does not believe that it is sufficient that the child is placed under supervision. The requirements for placing children in detention are significantly more stringent than for adults. A child without a guardian in Sweden may only be placed in detention if there are serious reasons involved.
Sidan senast uppdaterad: 2012-05-01