If you want to appeal

The Migration Agency’s decision to refuse your application for asylum means that you are not entitled to a residence permit in Sweden. You can choose to accept the decision or appeal it. Even if you choose to appeal, you should make plans to return.

If you don’t accept the Migration Agency’s decision, you have the right to appeal. Your appeal will be examined by the Migration Court, but you should send it to the Migration Agency. If you have a public counsel he or she can help you. The decision will state what the deadline for an appeal is, which is the time limit before which you must make your appeal. In most cases this is three weeks from the day you received the decision.

In the box below you can see what the appeals deadlines are depending on what type of decision was made in your case.

The Migration Court will examine your appeal

The Migration Agency will first of all consider your appeal to see whether the decision should be changed. If the Migration Agency does not find any reason to change the decision, your appeal will be referred to the Migration Court. The court can either change the decision in your favour or agree with the Migration Agency.

Once the Migration Court has received your appeal, it is the court (and not the Migration Agency) you must turn to with any questions regarding your appeal or the processing of it. The Migration Agency will no longer pay for travel costs for you to visit with your counsel once your appeal has been sent to the court.

If you change your mind and want to withdraw your appeal, you can notify the Migration Agency that you accept the original decision. Your appeal will then not be examined, and you will be unable to appeal the decision again.

How to write an appeal

If you want to appeal the Migration Agency’s decision you have to write a letter in which you describe which decision you want the Migration Agency to change and why. Include any documents (preferably in the original) or other evidence that supports your reasons.

Your appeal must also include your personal data and your case number. The case number is on your Asylum Seeker card (LMA in Swedish). Also include a telephone number and an address where the Migration Agency and Migration Court can reach you.

It is important that your appeal reaches the Migration Agency before the appeals deadline. Below you can see what the deadline is in your case, depending on what type of decision was made.

If you are unable to make the appeal yourself, you can ask someone else to do it for you. In that case you need to submit a power of attorney to the Migration Agency.

What is a power of attorney?

A power of attorney can be a signed letter in which the person applying for a permit gives another person the possibility of representing them. A power of attorney can, for example, give someone the right to make an application, be told of the reasons for a decision or appeal a decision for someone else. The power of attorney has to be written by the person who gives their power of attorney to someone else and it has to be possible to present an original if requested by the Swedish Migration Agency.

To grant a power of attorney to another person, you must submit a letter to the Migration Agency, which states

  • that it is a power of attorney
  • the name, date of birth and address of the person giving someone else power of attorney
  • what the person being given power of attorney has the right to do
  • the name, personal identity number and address of the person given power of attorney
  • the signature of the person giving someone else power of attorney
  • the date and place where the power of attorney is signed.

If you want to appeal the decision by the Migration Court

If you are not satisfied with the decision by the Migration Court you can appeal to the Migration Court of Appeal within three weeks of the date you received the decision. The Migration Court of Appeal is the highest court, and decisions by it serve as guidance for the Migration Agency and Migration Court when they make decisions in similar cases in the future.

The Migration Court of Appeal will only examine certain cases, either because there are no precedents (and thus no guidance) for them or because they have been incorrectly handled by the Migration Court. Most appeals referred to the Migration Court of Appeal are turned down, which means that the decision by the Migration Court in those cases stands.

Different appeals deadlines for different decisions

The Migration Agency must receive your appeal before the deadline. If you are appealing the Migration Court’s decision, you also need to send it to the court before the deadline. The decision document you receive will specify what the deadline is in your case.

Once the deadline has passed you can no longer appeal the decision, and it is said to have gained legal force.

Deadlines for appeals‌

You have received

You can appeal

an expulsion order

within three weeks of the day you received the decision

a decision on refusal of entry with immediate effect

within three weeks of the day you received the decision

a decision by the Migration Court

within three weeks of the day you received the decision

a decision on declaration of status

within three weeks of the day you received the decision

a decision on travel document

within three weeks of the day you received the decision

a decision on an alien’s passport

within three weeks of the day you received the decision

a re-entry ban for Schengen countries because you didn’t leave Sweden on time

within three weeks of the day the Migration Agency made the decision

a re-entry ban for some other reason

within three weeks of the day you received the decision

a decision on a special grant

within three weeks of the day you received the decision

a decision on a reduction or terminationof daily allowance

within five weeks of the day the Migration Agency made the decision

a declaration of subsidiaryprotection status (if you believe you should be given refugee status)

within three weeks of the day you received the decision

a decision on supervision or detention

at any time


You cannot appeal

  • a decision after you have accepted it and signed a declaration of acceptance
  • the Migration Court of Appeal’s decision not to examine your case
  • a decision to give you a temporary residence permit.

Last updated: 21 April 2017

Was the information on this page helpful to you?