Who does what in the migration process?
The Migration Agency examines applications for asylum, residence permits and citizenship in Sweden. These decisions can be appealed in court. The administrative courts in Malmö, Gothenburg, Luleå and Stockholm (the migration courts) perform a new examination of the applications being appealed.
The Administrative Court of Appeal in Stockholm (Migration Court of Appeal) is the highest authority in migration cases and the court that determines how the legislation should be interpreted. The Migration Agency and the administrative courts must adhere to the Administrative Court of Appeal's judgments.
The Parliament governs the legislation in this area and thereby determines the criteria that shall apply in order for a person to be entitled to a residence permit in Sweden.
The Migration Agency assists asylum seekers with a financial allowance and offers housing during the waiting period prior to the applicant receiving a decision in their case.
The Migration Agency signs agreements with Sweden's municipalities with regard to the reception of unaccompanied asylum-seeking minors. The county administrative boards negotiate with the municipalities on places for the reception of unaccompanied minors.
The municipalities are responsible for offering places for unaccompanied asylum-seeking minors. It is the municipality that is responsible for the children's care. The municipalities are responsible for offering introductory places for persons who have received a residence permit.
Arbetsförmedlingen (the Swedish Public Employment Services) is responsible for the integration of these persons.
The county administrative boards are responsible for the negotiations with the municipalities regarding introductory places for persons who have received a residence permit. The Migration Agency helps those whose asylum application has been rejected to return to their country of origin if the return journey takes place voluntarily. The Police are responsible for the return journey to the country of origin if the trip does not take place voluntarily. Each year, the Migration Agency helps approximately 2,000 individuals out of refugee camps around the world, within the framework of what is known as the refugee quota. ID cards for immigrants who cannot certify their identity in some other way are issued by the Swedish Tax Agency. The Tax Agency also registers those who have received a residence permit in the population register.
Role of the courts
A rejection from the Migration Agency can be appealed to one of the administrative courts in Stockholm, Gothenburg, Luleå or Malmö (the migration courts). The appeal is first sent to the Migration Agency to re-examines the decision. If the Migration Agency stands by its rejection decision, the appeal is turned over to a migration court. The court then performs a new examination of all circumstances in the case.
Following the migration court's decision, both the individual applicant or the Migration Agency can request leave to appeal to the Migration Court of Appeal at the Administrative Court of Appeal in Stockholm. The Migration Court of Appeal only examines fundamentally important cases if they grant leave to appeal.
The Migration Court of Appeal is the supreme interpreter of the Swedish legislation and their judgment is binding for the Migration Agency and the migration courts.