Asylum decision – what happens then?

After you have attended the asylum investigation the Migration Agency will make a decision.

When the Migration Agency makes a decision on your asylum case, what you have told in the asylum investigation is compared with the information that the Migration Agency has about the situation in your home country.

The Aliens Act (in Swedish: Utlänningslagen) is the law that includes the rules for whether you can stay in Sweden or not. The law was decided by Sweden's parliament.

There are different 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

  • origin, that is, national or ethnic origin (for example skin colour)
  • nationality, for example citizenship, linguistic or ethnic group
  • religion
  • political affiliation (for example opinions on how a country should be governed)
  • belonging to a certain social group. Two examples of certain social groups are boys and girls. Other examples of social groups are transgender people or homosexual or bisexual people. The Swedish concept "hbtq person" (in English usually "lgbt person") stands for persons who in various ways differ from the idea of how boys or girls should behave, for example how they should feel, how they should look, or that a girl should fall in love with boys instead of other girls and so on.

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.

The person risks either torture, death penalty, or other inhuman or degrading treatment if he or she returns.

An asylum seeker can in some cases get a residence permit even if he or she doesn't need protection from persecution. This requires extraordinary circumstances implying that a decision to deny residence permit would conflict with Sweden’s international obligations.

Temporary or permanent residence permit

It is the Aliens Act that regulates who can stay in Sweden. The Swedish Aliens Act was published in 2006. The law was temporarily changed on 20 July 2016. The temporary law is valid for three years and imply that most people in need of protection will be granted temprary residence permits instead of permanent residence permits.

Children and families with children who applied for asylum before or at the latest on 24 November 2015 will get their application for asylum tried according to the Aliens Act and may be granted a permanent residence permit if they are in need of protection.

Children and families with children who applied for asylum on 25 November 2015 or later will get their application for asylum tried according to the new, temporary law, and may be granted a temporary residence permit if they are in need of protection. Those who are refugees will be granted a residence permit for three years, and those who are considered eligible for protection for another reason will be granted a residence permit for 13 months.

It's your and your family's duty to honestly tell us what you have experienced and what you are afraid of. The Migration Agency will compare your stories with what the law states and make a decision.

Last updated: 2017-11-09

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If you wish to ask the Migration Agency a question you can find our contact details under the heading Contact us.