Returns from Sweden
If Sweden' asylum system is to be sustainable in the long term, those who are found, following a legally secure examination, not to be in need of protection must return to their country of origin.
A rejection of an application for a residence permit is usually accompanied by a refusal-of-entry or expulsion order. People should ideally return voluntarily, with the support of the Swedish Migration Board. In cases where the obligation to return to one's country of origin is not respected, the police are to ensure that the refusal-of-entry or expulsion order is implemented. People must always be returned under humane and dignified conditions.
Many people stake everything they have to pay for their journey to Sweden. To facilitate a return under dignified conditions, the Government has introduced financial re-establishment support for people who have been served a non-appealable refusal-of-entry or expulsion order who choose to return voluntarily to a country with limited opportunities for re-establishment due to severe conflicts.
To support the efforts to establish a functioning system of returns, Sweden has also entered into readmission agreements with a number of countries. These agreements regulate the procedures and criteria for one party to readmit individuals staying without a permit in the territory of another party. They also serve as a basis for continued cooperation between countries on migration policy issues.
Implementation of the European Return Directive and review of detention regulations
In February 2009, an Inquiry Chair was tasked with considering how Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals should be implemented in Sweden, and with reviewing detention regulations.
An interim report on the part of the remit concerning the Return Directive entitled 'he Return Directive and Swedish legislation'(SOU 2009:60) was presented on 15 June 2009. In the interim report, it is proposed that all decisions on refusal-of-entry or expulsion orders should include a deadline for voluntary departure, i.e. a period of time within which the alien is to leave the country. In certain cases no such deadline is to be set. This applies where there is a risk that the alien will abscond, or where the alien constitutes a risk to public order and safety or national security. A maximum period for holding aliens in detention is also proposed. The interim report has been circulated for comment and is now being processed in the Government Offices.
A report on the part of the remit concerning a review of detention regulations is due on 15 February 2011.
