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Key issues

Cases in the Migration Courts and in the Migration Court of Appeal are basically dealt with in the same was as other administrative law cases. However, there are important differences. These differences result from the Aliens Act (2005:716) and the Swedish Nationality Act (2001:82). You can read more about the characteristic features of aliens and nationality cases below.

Migration Courts and the Migration Court of Appeal

Decisions of the Swedish Migration Board in aliens and nationality matters can be considered by a migration court. The procedure is a two-party procedure, which means that the applicant and the Swedish Migration Board meet as two parties in a Migration Court.

Four of the County Administrative Courts in Sweden, namely the Administrative Court in Stockholm, the Administrative Court in Malmö, the Administrative Court in Gothenburg and the Administrative Court in Luleå are Migration Courts. The Administrative Court of Appeal in Stockholm is the Migration Court of Appeal.

Judicial districts of the Migration Courts

Which Migration Court will consider a decision of the Swedish Migration Board depends on where in Sweden the Board made its decision. The judicial districts are divided into three geographical catchment areas.

Oral hearing in aliens cases

The main rule in aliens cases is, as in other cases in a general administrative court, that the procedure should be in writing. However, because of the nature of some of the cases, it is common for oral hearings to be held at a Migration Court if the appellant so requests. This applies particularly in cases relating to applications for asylum.

Behind closed doors (in camera)

A basic rule in Sweden is that court hearings are public. This means that the public and media can attend the hearing. However, there are rules in the Secrecy Act (1980:100) that protect the private individual's personal circumstances. Secrecy can apply especially in asylum cases where details about the individual’s circumstances, such as details of persecution, torture, etc., are referred to. The hearing can take place behind closed doors (in camera) in order to protect a private individual. In principle, at such a hearing only the members of the court, the parties and their representatives as well as an interpreter may be present in the courtroom.

Lay judges in the Migration Courts

Lay judges participate in determinations made by Migration Courts. However, there are no lay judges in the Migration Court of Appeal.

Leave to appeal

It is the Migration Court of Appeal that decides whether leave to appeal should be granted in a case. Leave to appeal is required to allow a decision of the Migration Court to be reconsidered in full by the Migration Court of Appeal.

The Migration Court of Appeal can grant leave to appeal in the event of 'precedence exemption' or 'extraordinary exemption'. Precedence exemption means a case that is believed can provide guidance for future decisions. Extraordinary exemption means that there are extraordinary reasons toconsider the appeal. For instance, one example would be if the Migration Court committed some serious error when processing the matter. If leave to appeal is not granted, the determination of the Migration Court shall remain in force.

If leave to appeal is granted, this means that the processing of the case continues and is fi nally determined in the Migration Court of Appeal.

Guiding rulings

Rulings in cases where leave to appeal has been granted provide guidance (precedents) for decisions of the Migration Courts and the Swedish Migration Board in similar matters. The rulings of the Migration Court of Appeal are published in Swedish on the website https://lagrummet.se.




Senast ändrad: 2016-10-03