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Reference · Migration & asylum

The asylum process

From application at the Migration Agency to decision, appeal, legal force and eventual enforcement. This page is a process and method reference: it explains how the system is actually built, which units the statistics count (person, decision, case, application, cohort) and which legal provisions govern each step.

The question this page answers

How does the Swedish asylum process work — from application to decision, appeal and eventual enforcement — and what distinguishes a person, a decision, a case and a cohort?

At a glance

Key figures — the most important numbers on this page

Asylum applications 2024

≈ 10,000

Migration Agency — applications received during the calendar year. Lowest level since 1997.

First-instance grant rate 2024

≈ 42 %

Migration Agency — grants of asylum cases examined on the merits. Excludes withdrawn and Dublin cases.

Median processing time, asylum

≈ 220 days

Migration Agency 2024 — from application to first decision. Varies widely by case type and country of origin.

Grant rate at Migration Court

≈ 24 %

Court Administration 2024 — change rate on appealed refusals. Excludes dismissed and referred-back cases.

TUT standard for persons in need of protection

≈ 3 years

Aliens Act ch. 5 § 1 a after the 2021 reform — refugees 3 years, subsidiary protection 13 months (first time).

Dublin transfer deadline

6 mo

Dublin Regulation 604/2013 — another EU country responsible if the application was first lodged there. Reverts to Sweden if not enforced.

Expulsion decision time-barring

4 years

Aliens Act ch. 12 § 22 — a decision lapses 4 years after taking legal force if not enforced. A new examination becomes possible.

Standard detention limit

2 mo

Aliens Act ch. 10 § 4 — can be extended on special grounds. Only to secure investigation or enforcement.

What does the data show?

Objective observations — not interpretations

  • The asylum process has a fixed legal structure: application to the Migration Agency or at the border → registration and Dublin examination → asylum interview and country information → decision (grant/refusal/refusal of entry) → possible appeal to a Migration Court → in final instance the Migration Court of Appeal → legally binding decision → residence permit or return process. Every step is regulated in the Aliens Act (2005:716) and the EU Qualification Directive.
  • An asylum application is not a person and not a decision. The same person may lodge several applications over time (e.g. after refusal and time-barring); a decision can cover several family members; a case can concern an individual or a household. Annual statistics on applications, decisions and persons therefore always diverge.
  • Grant rates vary sharply with country of origin, case type and time. A grant rate for 'all asylum cases in a year' hides differences between e.g. Syrian (historically high grant rate) and West African applications (lower grant rate). Country information from the Migration Agency's Lifos and the EUAA guides the assessment.
  • Appeals go to the Migration Courts (Malmö, Gothenburg, Stockholm, Luleå) and in final instance to the Migration Court of Appeal. The courts review both evidence and legal issues. About one quarter of appealed refusals are changed — but the share varies between courts and case types.
  • A legally binding refusal starts the return process. The person normally has 2–4 weeks of voluntary-departure time under Migration Agency responsibility. If no departure occurs, the case is handed to the Police for enforcement. See /verkstallighetsgapet for statistics and causes of the gap between decision and enforcement.

Method note
The page strictly separates (1) persons — individual asylum seekers, (2) decisions — Migration Agency or court rulings, (3) cases — administrative units that may cover several persons, (4) applications — documents received during a calendar year, and (5) cohorts — groups that applied or received a decision in a given year and are followed forward. Annual statistics on applications and decisions normally cover different cohorts: applications from 2023 may result in decisions in 2024–2025, and decisions taken in 2024 may relate to applications from 2020–2024. Grant rates are usually calculated on cases examined on the merits (i.e. excluding Dublin cases, withdrawn, dismissed). This gives different figures than if all decisions are included. Another key distinction is between grants at first instance (Migration Agency), after appeal (Migration Courts) and after new examination (enforcement obstacles, manifestly unreasonable, ch. 12 § 19 Aliens Act). The combined grant rate across the whole process is therefore always higher than the first-instance rate. EU comparisons via EUAA use aggregate measures such as Recognition Rate — but definitions of 'well-founded' differ between member states, limiting direct comparisons.

Definitions

How the numbers are counted — and what they do not cover

Asylum application
Formal application for protection under Aliens Act ch. 4 or the Geneva Convention. Lodged with the Migration Agency or at the border. Registration confers status as asylum seeker and rights under the LMA reception act.
Asylum seeker
Person who has lodged an asylum application and is awaiting a decision. Entitled to housing via the Migration Agency, daily allowance under the LMA and limited rights to healthcare and school. Not the same as a granted refugee.
Refugee status
Protection status under Aliens Act ch. 4 § 1 — well-founded fear of persecution on grounds of race, religion, nationality, political opinion, gender or sexual orientation. Normally 3-year TUT.
Subsidiary protection
Protection status under Aliens Act ch. 4 § 2 — risk of death penalty, torture or serious harm in armed conflict without meeting the refugee definition. Normally 13-month TUT the first time.
Temporary residence permit (TUT)
Time-limited permit — main rule for persons in need of protection since 2016. Renewable if the need for protection remains. Ground for PUT earliest after 3 years with Swedish and own income.
Permanent residence permit (PUT)
Time-unlimited permit. Since 2021 earliest after 3 years on a temporary permit, with approved Swedish, own income and good conduct. Can be revoked on crime or false information.
Refusal
Migration Agency decision not to grant a residence permit. Normally combined with an expulsion or refusal-of-entry decision and a re-entry ban. Can be appealed to a Migration Court within 3 weeks.
Appeal
Formal request for a court to review the Migration Agency's decision. Goes to one of four Migration Courts. Leave to appeal is required for further appeal to the Migration Court of Appeal.
Legally binding decision
Decision that can no longer be appealed — either because the appeal window has closed or the final instance has ruled. Only then can the enforcement process begin.
Enforcement
Actual execution of a removal decision — voluntary, assisted or forced. See /verkstallighetsgapet for statistics and causes.
Dublin Regulation
EU Regulation 604/2013 determining which EU country is responsible for an asylum application. Main rule: the country where the person first applied or has family ties. Transfer must take place within 6 months.
Return
Departure following a legally binding refusal. Can be voluntary (voluntary-departure window), assisted (via IOM/ERRIN) or forced (Police). Recorded when departure is documented.
Time-barring
A removal decision lapses 4 years after taking legal force if not enforced (ch. 12 § 22 Aliens Act). The person can then apply for a residence permit anew without the earlier decision blocking.
Enforcement obstacle
Legal or practical obstacle to enforcement — risk of death penalty/torture (ch. 12 §§ 1–3), medical grounds (ch. 12 § 18), or the country of origin refusing to receive its citizens. May lead to a new residence permit.
Stay of enforcement
Decision to temporarily halt enforcement, usually pending re-examination. Can be issued by the Migration Agency, a Migration Court or the Migration Court of Appeal. Does not annul the decision.

Primary sources

Agencies and research institutions behind this page

7

agencies/institutions

5

reports & studies

4

primary datasets

Frequently asked questions

Short answers to what is most often discussed

1) Application lodged with the Migration Agency or at the border. 2) Registration and Dublin examination. 3) Asylum interview where the applicant is heard and grounds are tested against country information. 4) Decision — grant (refugee or subsidiary protection) or refusal with expulsion/refusal of entry. 5) The decision can be appealed to a Migration Court and then to the Migration Court of Appeal. 6) On final grant — residence permit; on final refusal — return process.

Logical next steps if you want to understand the background