Sweden: Swedish Migration Agency, RÄTTSLIGT STÄLLNINGSTAGANDE: Prövningen av skyddsbehov och verkställighetshinder
för personer som är hemmahörande i Afghanistan, 23 July 2021, RS/086/2021, available at: https://www.refworld.org/docid/610a62ac4.html [accessed 22 May 2023]
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protection needs of Afghans
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Sweden: Swedish Migration Agency suspends returns to Afghanistan
On 23 July 2021, the Swedish Migration Agency (SMA) published a legal note on protection needs of Afghans. The SMA considers that security developments in Afghanistan remain very worrying and difficult to assess. In light of the prevailing uncertainty, the SMA states that it is currently not possible to make a forward-looking assessment of the need for protection for people resident in Afghanistan with sufficient certainty.
The SMA is therefore of the opinion that applications for international protection concerning persons from Afghanistan can not be ruled on for the time being. Similarly, decisions regarding residence permits shall also not be taken during this period of uncertainty.
The SMA has said that applications for residence permits where the need for protection is not invoked, for example due to family ties, studies, or work permits are not covered by the suspension. Likewise, applications for a continued residence permit for persons who have previously been granted a temporary residence permit for protection reasons or other reasons are also not covered.
The SMA further emphasised that the political situation and the security situation in Afghanistan are worrying and more country information must be obtained before any new legal assessment can be made.
With thanks to Michelle Williams, the ELENA Coordinator for Sweden, for highlighting this legal note to the EWLU team.
ELENA Weekly Legal Update - 30 July 2021