The Riksdag voted in favour of the Government’s proposal to incorporate safe country of origin regulations in the Swedish Aliens Act.
The regulations mean, among other things, that the Swedish Migration Agency will be able to consider an asylum application to be manifestly unfounded if the asylum seeker comes from a country included in a list of safe countries of origin. However, this does not apply if the applicant has submitted serious grounds as to why the country should not to be regarded as a safe country of origin for him or her. If it is also manifest that a residence permit should not be granted on any other grounds, the Swedish Migration Agency may decide to impose an expulsion order for immediate enforcement. The amendments will come into force on 1 May 2021.
The background to the amendments is that, in a judgment from 2018, the Court of Justice of the European Union restricted the Swedish Migration Agency’s opportunities to be able to assess an asylum application as manifestly unfounded and to impose an expulsion order with immediate enforcement. The Court established that Sweden must introduce the EU rules on safe country of origin for the Swedish Migration Agency to be able to continue to take such decisions.