The Appeal Process in Asylum cases in - a brief overview

by Mona Aldestam

1 Swedish courts

Administrative General courts courts

Supreme Administrative Court Supreme Court

6 Court of Appeals 4 Courts of Appeal (1 Land and (1 Migration Court of Appeal) Environment Court)

48 District Courts 12 Administrative courts (5 Land and (4 Migrations Courts) Environment Courts)

2 Court district för the Administrative Court of Appeal

• () • (Stockholm) • county (Uppsala) • Västmanland county (Uppsala)

3 Court district for the Migration Court of Appeal (and the Migration courts)

Migration courts: • Administrative Court of Luleå • Administrative Court of Stockholm • Administrative Court of Göteborg • Administrative Court of Malmö

4 The Appeal Process in the Administrative Courts

Administrative Administrative Supreme Authority Court Court of Administrative Appeal Court

Leave to Leave to appeal appeal

5 The Appeal Process in the Migration Court system

Migration Board Migration Court Migration Court of Appeal

Leave to appeal

6 The Assessment In the Migration Board and in the Migration Courts • A full legal assessment by decision makers and judges with country specific knowledge

In the Migration Court of Appeal • Leave to Appeal is only given - in cases which can serve as precedents, or - in cases where there is extraordinary circumstances (rare and often based on procedural errors) • If leave to appeal is granted the Court makes a full legal assessment. Usually leave to appeal is not granted in cases concerning country specific questions.

7 The Organisation of the Migration Court of Appeal

President

• Six divisions, whereof one Division1 Administrative division specifically deals with making Chief Judge Administrative Director

precedents in the area of Division 2 Division 5 migration and asylum Chief Judge Chief Judge

Division 3 Division 6 Chief Judge Chief Judge • Approximately 210 Division 4 employees, about 160 of Chief Judge these are lawyers

8 Employees

Category Number

Judges 56

Co-opted members, 38 Assistant Judges and Legal clerks Reporting clerks 61

Secretaries 25

Administrative staff 30

TOTAL 210

9 The process of making precedents

The case is heared by three judges, two from Division 1 and one from Division 2-6

Division 1

If there is a case that might be turned into a good precedent it should be sent to Division 1. The reporting clerk and the Division 2-6 responsible judge continue with the case.

10 Number of cases in the Administrative Court of Appeal and in the Migration Court of Appeal

• Filed and determined cases 2015 : Approximately 18 600 in total (Jan-Dec 2015)

11 Common cases

Largest number of cases: • Migration and asylum cases (54 %) • Taxation cases (12 %) • Social security cases (8 %)

Other cases, for example (of 600 types of cases): • Social assistance cases • Driving license cases • Public procurement • Secrecy cases • Preventive detention of children, addicts and mentaly ill

12 Consequence of the current situation – any Trends? • It seems that there is • A decrease in the amount of incoming asylum cases • An increase in the amount of detention and Dublin cases, and • That leave to appeal is granted more often due to extraordinary circumstances • A large increase of appeals are expected

• Perhaps what we see is the calm before the storm?

13 Questions?

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