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In Eskilstuna, deportation and removal cases are handled under Swedish immigration law, mainly by the Swedish Migration Agency, the migration courts and, for enforcement, the Police Authority.
The Swedish Migration Agency may decide an asylum, residence permit or expulsion matter. An appeal is normally examined by a migration court, with cases from Södermanland generally connected to the Migration Court at the Administrative Court in Stockholm.
If a removal decision becomes enforceable, the person must usually leave Sweden within the stated period. The police may become responsible for enforcement, including detention or escorted removal in some cases.
A lawyer can examine the decision, identify appeal grounds, request a public counsel where available, and present evidence about protection needs, family life, health, identity or obstacles to removal.
The Aliens Act (Utlänningslagen, 2005:716) is the central statute. It entered into force on 31 March 2006 and governs asylum, residence permits, expulsion, detention, enforcement obstacles and appeals.
The Aliens Ordinance (Utlänningsförordningen, 2006:97) entered into force on 31 March 2006. It supplements the Act with procedural and administrative rules, including matters concerning applications, documents and enforcement.
The Reception of Asylum Seekers and Others Act (1994:137) regulates reception support and accommodation for many asylum seekers and certain other foreign nationals. The Dublin III Regulation, Regulation (EU) No 604/2013, also applies when responsibility for an asylum claim may belong to another participating European state.
Swedish authorities must also apply relevant protection obligations under the Refugee Convention, the European Convention on Human Rights and European Union law. The correct legal basis depends on the decision and the person's individual circumstances.
Swedish law does not always require a lawyer. Legal representation is often valuable because the appeal must address the decision's specific reasons and include relevant evidence within the deadline.
The deadline is stated in the decision and is commonly three weeks from the date the person is considered to have received it. The deadline can differ, so the decision should be checked immediately.
An appeal is normally sent to the Swedish Migration Agency, which first reviews whether it will change the decision. If it does not, the case is forwarded to the competent migration court.
Some asylum and removal cases qualify for a public counsel, known in Sweden as a public biträde. The Migration Agency or court decides whether one should be appointed and whether the case requires legal assistance.
Ask whether a public counsel can be appointed before agreeing to private billing. If a private lawyer is used, request written information about hourly rates, estimated work, VAT and who pays if public funding is unavailable.
Often, an appeal suspends enforcement until the Migration Agency or migration court has reviewed the case. Some decisions are immediately enforceable, so the decision's enforcement instructions must be checked.
An entry ban can prevent return to Sweden and, in some cases, other Schengen countries for a stated period. It may accompany a removal decision, especially where the person does not leave within the permitted period.
Family life can be relevant, particularly where a spouse, partner or child lives in Sweden. The authorities assess the relationship, the person's immigration history, the family's situation and proportionality rather than treating residence in Eskilstuna alone as decisive.
Serious illness may be relevant if it creates a legal obstacle to enforcement or affects the proportionality assessment. Medical records should explain the diagnosis, treatment needs, prognosis and access to treatment in the proposed country of return.
New circumstances may support a request based on impediments to enforcement under the Aliens Act. The evidence should be submitted promptly and explain why it is new, reliable and significant.
Police enforcement generally follows an enforceable removal or expulsion decision. A lawyer can check whether the decision is enforceable, whether a departure period remains, and whether detention or enforcement can be challenged.
A criminal expulsion is ordered by a criminal court in connection with an offence. A rejected asylum or residence application is normally decided by the Migration Agency, with different evidence, appeal issues and consequences.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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