New circumstances after refusal of your application for asylum

A decision that cannot be appealed means that you must leave the country within the time specified in the decision. In exceptional cases something may happen which means that you cannot return home despite the existence of a decision that states that you must do so. This is called an impediment to enforcement – an obstacle to implementing the refusal of entry or expulsion order.

The Migration Agency may cancel your home journey only when new information emerges after you have received the decision. This may, for example, refer to 

  • the political situation in your country of origin having changed and this means that you cannot return;
  • your becoming too ill to travel;
  • your developing a life-threatening illness, and obtaining medical care in your country of origin is not possible; or
  • your family situation changing. The fact that you are worried about the prospect of your journey home, or have social or economic problems in your country of origin, are not sufficient grounds for the Migration Agency to change their decision.

You can write to the Migration Agency

You can write a letter to the Migration Agency if you want us to review new reasons that prevent you from returning. In the letter you must write

  • your case number (case number is stated on your LMA card)
  • what is new in your situation and why you cannot return home, and 
  • your address.

If you have documents that can verify what you are writing about in the letter, you should also include them, preferably the originals.

You must sign the letter with your name. Please write in Swedish or English, so that you can obtain a decision more quickly.

If you cannot write it yourself, you can request someone else to do this 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 allows another person to represent him or her. A power of attorney can, for example, give someone the right to apply, be informed of the reasons for a decision, or lodge an appeal for someone else. The power of attorney must be signed by the person who gives their power of attorney to another person, and must be presented in the original if required by the Swedish Migration Agency.

In order to give another person power of attorney, you will need to send a letter to the Swedish Migration Agency stating

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

Power of Attorney, form number 107011PDF

The Migration Agency may, on its own initiative, cancel your home journey

The Migration Agency must note whether new information has emerged that means you cannot return home. The Migration Agency then has the possibility of cancelling your home journey, even if you have not written and informed us about impediments to enforcement. The police also has a responsibility to notify the Migration Agency if it is not possible to carry out the journey home.

Decision

The Swedish Migration Agency will send the decision to you by post.

Work on return continues even if your decision has been suspended

If you receive a suspension order, i.e. your refusal-of-entry or expulsion order cannot be enforced, work on a return continues despite this. You
are, for example, still responsible for arranging a passport or temporary
travel document and whatever else is needed to enable you to return to your country of origin or to another country that you have the right to live in and you can still be summoned to an interview or a notification of a decision. The same applies if there is an application for an impediment to enforcement where a decision has not yet been made.

Read more about what you need to do ahead of a return

Last updated: 2019-06-27

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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.