According to Minister for Migration Johan Forssell, the proposed change in legislation is intended to close a loophole that many failed asylum seekers have allegedly been using for years.

Under current Swedish law, a rejected asylum case and its subsequent deportation orders come with a statute of limitations of four years, beginning after the final decision in a case comes into force. However, individuals can then re-apply once that period is over.

In other words, if an asylum application is ultimately rejected, a person can evade deportation by going into hiding in Sweden for four years and then re-applying and having their cases re-assessed from the beginning, with none of their original circumstances having changed during those four years in which they remained underground in Sweden.

Loophole in widespread use

Forsell told a press conference in Stockholm that seven out of 10 asylum requests lodged in Sweden are denied. Even though a rejected asylum case means that "you should leave the country," a "considerable number" of failed cases did not comply with this, with many failed asylum seekers hoping to open the case up again in the future.

On X, Forssell referred to the proposed measure as an "important step to protect regulated immigration where those who are rejected must return home."

According to Swedish government figures, about a quarter of newly lodged asylum applications in 2023 came from individuals whose previous rejections had reached the statute of limitations of four years.

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'Leave first, come back later'

In response, the government has presented new legislation to make it more difficult for people to present their case again after a four-year statute of limitations expires.

Under the new law, a case can only be reopened "after the person leaves the country," and a negative asylum decision will now be valid for five instead of four years.

The law will also block the ability of failed asylum seekers in Sweden to instead apply for an employment-based residence permit while remaining in the country.

The new legislation still needs to be approved by parliament but could come into force as early as April next year if approved in its current wording.

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Growing limits on asylum and immigration

It is unclear, however, if the proposed law will pass, as the country’s center-right government, which is propped up by the anti-immigration Sweden Democrats party, rules as part of a minority coalition.

Sweden has taken in large numbers of asylum seekers since the 1980s, fleeing from countries like Afghanistan, Iran, Iraq, Somalia, Syria and the former Yugoslavia. But in the last decade, Sweden has experienced one of the highest rates of immigration within the EU, changing public opinion in a country otherwise known for its liberal and progressive policies.

But since the election of the center-right government in 2022, asylum and immigration laws in the country have increasingly been tightened.

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with AFP