If you do not accept the Swedish Migration Agency’s decision, you have the right to lodge an appeal. If you lodge an appeal, it means you want the Swedish Migration Agency’s decision to be changed. The appeal will be considered by a court, but you should send your appeal to the Swedish Migration Agency. Your decision tells you how much time you have to appeal, often three weeks from the date you were notified of the decision. If you have a public counsel, he or she can help you with the appeal.
If you have applied for a residence permit, have had your application rejected and are in Sweden when you receive the decision, you should still make plans to return even if you choose to appeal. Your decision tells you whether you have the right to stay in Sweden while you wait for the court’s decision.
The Migration Court considers your appeal
First, the Swedish Migration Agency will review your appeal to determine whether the decision should be changed. If the Swedish Migration Agency does not find any reason to alter the decision, it will be forwarded to the Migration Court. The Court can either change the decision, or side with the Swedish Migration Agency.
From the date on which the Migration Court receives your appeal, you should address all questions concerning your appeal and the work of the court to the court. It is your own responsibility to watch out for the Migration Court’s judgements – the Swedish Migration Agency will not do this for you.
If you have a public counsel, you cannot get any money from the Swedish Migration Agency for travel to the counsel once your appeal has been lodged with the court.
If you change your mind and want to retract your appeal, you can inform the Swedish Migration Agency that you accept the decision. In such case, your appeal will not be considered and you cannot appeal against the decision a second time.
How to write an appeal
You will be advised on how to make an appeal in the decision documentation. If you wish to appeal against the Swedish Migration Agency’s decision, you should write a letter confirming which decision you want the Swedish Migration Agency to change, and explain why. Enclose documents or other proof in support of what you have stated, preferably in the original.
Your appeal letter should include your personal data and your case number. The case number is shown on the decision. If you are an asylum seeker, your case number is also shown on your Asylum Seeker card. Also state your telephone number and address where the Swedish Migration Agency or court can reach you.
It is important that the Swedish Migration Agency receives your appeal on time. In the table shown on this page you can see how much time you have to appeal – this depends on what type of decision it concerns. The time is counted from when you were notified of the decision.
If you are unable to appeal yourself, you can ask someone else to do it for you. You will then need to provide the Swedish Migration Agency with a power of attorney for the person helping you.