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Aliens Act (1989: 529)

(Entry into force: July 1990)

 

This is the official consolidated translation with amendments up to October 1997.

 

 

Chapter 1.Conditions applying to the residence of aliens inSweden, etc.

Introductory provisions

Section 1

This Act lays down rules for aliens concerning entry into, departure from, residence in and employment inSweden, and also concerning the right of asylum here. The Act also indicates the conditions on which an alien may be refused entry or expelled from this country.

The Act shall be applied in such a way that the liberty of aliens is not restricted more than is necessary in each individual case. In cases where a child is involved, special attention shall be given to what is required bearing in mind the child’s health and development and the best interests of the child otherwise.

Passport requirements

Section 2

An alien entering or staying inSwedenshall have a passport.

The Government may prescribe exceptions from the stipulation that a passport must be held.

The Government or the Swedish Immigration Board acting by authority of the Government, prescribes which documents are acceptable as passports. The Government also prescribes the cases in which Swedish authorities may issue passports to aliens.

Visa requirements

Section 3

An alien entering or staying inSwedenshall have a visa unless he has a residence permit or is a citizen ofDenmark,Finland,IcelandorNorway.

The Government may prescribe other exceptions to the visa stipulation.

Residence permit requirements

Section 4

An alien staying more than three months inSwedenshall have a residence permit unless he is a citizen ofDenmark,Finland,IcelandorNorway.

The Government may prescribe other exceptions from the stipulation of residence permits. The Government may also stipulate residence permits after a stay of less than three months inSweden.

Requirements concerning work permits

Section 5

An alien shall have a permit to work inSwedenwhen hired here or abroad (a work permit) unless the alien has a permanent residence permit or is a citizen ofDenmark,Finland,IcelandorNorway.

The Government may prescribe other exceptions to the stipulation of work permits.

Chapter 2.Further provisions on visas, residence permits and work permits

Visas

Section 1

The issue of a visa implies permission to enter and stay inSwedenfor a certain limited period of time.

A visa may be issued for up to three months’ stay at a time, unless otherwise indicated by regulations issued by the Government. The issue of a visa may be restricted in other respects and subject to such conditions as may be necessary.

Residence permits

Section 2

A residence permit implies permission to enter and stay inSwedenfor a certain time (a time-limited residence permit) or indefinitely (a permanent residence permit).

Section 3

Under the provisions of Chapter 3, in certain cases an alien shall be issued with a Swedish residence permit.

Section 4

A residence permit may be issued to

1.analien who is married to or cohabiting with a person domiciled inSwedenor who has been granted a residence permit to settle inSweden,

2. an alien who is under 18 and unmarried and who is or has been a child living at home of someone who is domiciled in Sweden or who has been granted a residence permit to settle in this country,

3. an alien who, in a different manner to that referred to in sub-sections 1 and 2, is a close relative of someone domiciled in Sweden or who has been granted a residence permit to settle in this country and who has been a member of the same household as that person,

4.analien who otherwise has a special link withSweden,

5.analien who for humanitarian reasons should be allowed to settle inSweden, or

6.analien who has obtained a work permit or whose livelihood is otherwise guaranteed.

When examining an application for a residence permit in accordance with this Section, consideration shall be given to whether or not the alien can be expected to lead a respectable life.

Section 4a

Regarding a specific group of aliens, the Government may issue regulations to the effect that an alien applying for a residence permit by virtue of Chapter3who is considered to have a temporary need of protection in this country, may be granted a time-limited residence permit.

A time-limited residence permit may be granted for a total period of at most two years. If aprogrammein preparation for return has started prior to this, the residence permit may be extended by at most two years.

If a person has been granted a time-limited residence permit by virtue of subsection one, a time-limited residence permit may also be granted to an alien who is the spouse or child under 18 of the person granted a permit in accordance with sub-section one. The same applies to parents of childrenunder18 who have been granted a permit under sub-section one.

Section 4b

If, in view of the alien’s anticipated lifestyle, it is doubted whether a residence permit should be granted, a time-limited residence permit may be granted.

Section 4c

A time-limited residence permit may be granted to a child under 18 who is in need of care under the Care of Young Persons (Special Provisions) Act.

If an investigation into apatemitycase so necessitates, a time-limited residence permit may also be granted to the child under 18 or to the man involved in the case.

If a time-limited residence permit is granted to a child by virtue of sub-section one or two, a time-limited residence permit may also be granted to the guardian of the child.

Section 5

An alien who wants a residence permit inSwedenshall have acquired such a permit before entering the country. An application for a residence permit may not be allowed after entering the country.

However, this does not apply if

1.thealien is entitled to a residence permit here under Chapter 3 Section 4,

2.onhumanitarian grounds the alien should be allowed to settle here, or

3.thereare other exceptional grounds.

If, however, it is manifest that the alien would have been granted a residence permit if the matter had been examined prior to his entry into the country, the provisions of sub-section one do not prevent the granting of a residence permit by virtue of chapter 2, Section 4, sub-section one, paragraphs 1-4.

Section 5a

An application for a residence permit with reference to an extension of an ongoing stay in this country for a visit or other time-limited sojourn may be granted notwithstanding the provisions of Section 5, sub-section one, if the alien can give weighty grounds for the extension.

Section 5b

If an alien is to be refused entry or expelled in accordance with a decision that has entered into force, an application for a residence permit by the said alien may be granted notwithstanding the provisions of Section 5, sub-section one, if the application is based on circumst5ances which have not previously been examined in the matter of refusal of entry or expulsion and if

1.thealien is entitled to a residence permit here under Chapter 3 Section 4, or

2.itwould be contrary to requirements of humanity to execute the refusal of entry or expulsion decision.

Work permits

Section 6

Work permits shall be issued for a fixed term. They may refer to a certain kind or kinds of work and be subject to such other conditions as are necessary.

With respect to work permits, Sections 5 and 5a shall apply, mutatis mutandis.

Further regulations on work permits may be issued by the Government.

Decision-making authorities

Section 7

Decisions concerning visas, residence permits and work permits are made by the Swedish Immigration Board. Decisions concerning visas and residence permits may also be made by the Ministry for Foreign Affairs.

The Government and, to the extent prescribed by the Government, the Swedish Immigration Board may empower other authorities to make decisions concerning such permits.

The Government may empower an organization connected with the Swedish Trade Council to make decisions concerning visas.

Section 8

The provisions of Chapter 7, Sections 5,11,16and 17 make it clear that the Government or the Aliens Appeals Board can make decisions concerning permits in certain cases.

Revocation of permits

Section 9

Visas, residence permits and work permits shall be revoked if the alien has furnished incorrect particulars of his identity. There shall be no revocation, however, if the incorrect particulars have presumably had no effect on the decision to award the permit, or if there are other special grounds which argue against revocation.

Section 10

Visas, residence permits and work permits may be revoked if the alien has deliberately furnished other incorrect particulars than those concerning his identity or has deliberately concealed circumstances of importance in the award of the permit. Revocation is also possible if there are other special grounds, however, in the case of a residence permit, only if the alien has not yet enteredSweden.

Section 11

If the alien has entered the country, a residence permit may be revoked

1.ifhe is conducting activities for which a work permit is required without having such a permit,

2.ifhe has acted in a manner which gives rise to serious criticism of his way of life, or

3. if, in view of his previous activity or for some other reason, there is reason to suppose that he will engage in sabotage, espionage or illicit intelligence activities in Sweden or in any other Nordic country.

Revocation under paragraph one is only possible if the question has been raised before the alien has been domiciled here for three years with residence permits.

Section 12

A permanent residence permit shall be revoked if the alien ceases to be domiciled inSweden.

Section 13

Revocation of residence permits and work permits is decided by the Swedish Immigration Board. Revocation of visas is decided by the issuing authority or by the Swedish Immigration Board. Residence permits or visas issued by the Ministry for Foreign Affairs may only be revoked by the Ministry.

Authorizations

Section 14

In addition to what is pursuant to Section 4a, the Government may issue regulations on

1.residencepermits for studies or visits, and

2.residencepermits on humanitarian grounds.

The Government may also prescribe that an application for a residence permit may be granted if it is pursuant to an agreement with a foreign state and that a residence permit may be revoked for aliens encompassed by the Agreement on a European Economic Area (EEA) in cases other than those given in Section 11 paragraph one.

The Government shall notify theRiksdag(Parliament) of regulations on time-limited residence permits in accordance with Section 4a in a special writ within three months.

Chapter 3.Aliens in need of protection

Section 1

The term asylum as used in this Act refers to a residence permit awarded to an alien because he is a refugee.

An application for a residence permit in accordance with Section 3 shall be processed as an application for asylum.

Section 2

The term refugee as used in this Act refers to an alien who is outside the country of his nationality owing to a well-founded fear of being persecuted for reasons of race, nationality, membership of a particular social group, or religious or political opinion, and who is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. This applies irrespective of whether persecution is at the hands of the authorities of the country or these cannot be expected to offer protection against persecution by private individuals.

A stateless person who for the same reason is outside the country of his former habitual residence and who is unable or, owing to such fear, is unwilling to return to that country, shall also be deemed a refugee.

Section 3

The term alien in need of protection otherwise used in this Act refers to an alien who in cases other than those referred to in Section 2 has left the country of his nationality because he

1. has a well-founded fear of being sentenced to death or corporal punishment or of being subjected to torture or other inhuman or degrading treatment or punishment,

2.dueto an external or internal armed conflict he needs protection or, on account of an environmen6tal disaster, he cannot return to his country of origin, or

3.becauseof his/her sex or homosexuality, he/she has a well-grounded fear of persecution.

A stateless person who for the same reason is outside the country of his former habitual residence and for the reasons given in paragraph 1 cannot return to that country or, owing to fear, is unwilling to return,shallalso be deemed to be an alien in need of protection.

Theright to a residence permit

Section 4

An alien as referred to in Sections 2 and 3 is entitled to a residence permit. A residence permitmay, however, be refused if

1. There are exceptional grounds for not granting a residence permit in the case of refugees under Section 2 and aliens in need of protection under Section 3, sub-section 2, paragraphs 2 and 3, in view of what is known concerning the alien’s previous activities or, out of consideration for national security, or

2. there are special grounds for not granting a residence permit in the case of an alien in need of protection coming under Section 3, sub-section 1, paragraph 2, by reason of criminal activities or other circumstances relating to the said person,

3. the alien has entered Sweden from Denmark, Finland, Iceland or Norway and can be returned to any of these countries in accordance with an agreement between Sweden and that country, unless it is obvious that he will not be granted a residence permit there,

4. the alien has otherwise, before coming to Sweden, stayed in a country other than his country of origin and, if returned there, will be protected from persecution or from being sent to his country of origin and also from being sent to another country where he does not have corresponding protection,

5.thealien has special links with another country and is protected there in the manner referred to in paragraph 4, or

6.thealien can be sent to a country that has acceded to the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities and is protected there in the manner referred to in paragraph 4.

Termination of refugee status

Section 5

A refugee shall cease to be a refugee if

1.hevoluntarily re-avails himself of the protection of the country of his nationality,

2.havinglost his nationality, he voluntarily recovers it,

3.heacquires citizenship in a new country and obtains the protection of that country,

4.hevoluntarily returns to settle in the country referred to in Section 2, or

5. he is no longer in such a situation that he can be deemed a refugee under Section 2 and therefore cannot go on refusing to avail himself of the protection of the country of which he is a citizen or in which, as a stateless person, he formerly had his abode.

Declaration of refugee status

Section 6

The Swedish Immigration Board, either when granting a residencepermitor subsequently, shall, at a refugee’s request, state that he is a refugee (declaration of refugee status).

A declaration of refugee status shall be revoked by the Swedish Immigration board if it transpires that the alien is no longer to be deemed a refugee under Section 2.

Travel documents

Section 7

For refugees and stateless person, the Swedish Immigration Board issues a special identity document for travel outsideSweden(a travel document) in compliance with the regulations issued by the Government.

Authorizations

Section 8

By virtue of Section 3, sub-section one, paragraph 2, in the case of a group of aliens the Government may issue regulations concerning the granting of permanent residence permits to aliens in need of protection.

If necessary in view of limitations occurring inSweden’s possibilities of receiving aliens, the Government may prescribe that residence permits may not be granted to aliens in need of protection by virtue of Section 3, sub-section one, paragraph 2.

The Government may issue regulations concerning exceptions to Section 4, sub-section two, paragraph 4 in cases where an alien has such ties withSwedenthat examination of his application for asylum in this country should not be denied.

The Government shall in a writ notify theRiksdag(Parliament) of regulations issued in accordance with sub-section two within three months.

Chapter 4.Refusal of entry and expulsion

Refusal of entry

Section 1

An alien may be refused entry

1.ifhe lacks a passport when a passport is required for entry to or residence inSweden,

2.ifhe lacks a visa, residence permit or other permit required for entry, residence or employment inSweden.

3. if, on his arrival in Sweden, it transpires that he intends to visit some other Nordic country but lacks the requisite permit for entry there, or

4.if, on entry, he either avoids supplying the police authority with particulars requested or deliberately supplies the police authority with incorrect particulars which have a bearing on his right of entry toSwedenor deliberately suppresses any such circumstance.

Entry may not be refused under sub-section one to a person who, on arrival inSweden, had or subsequently, for a period, held a residence permit which has ceased to be valid.

Section 2

An alien may also be refused entry

1. if it may be assumed that he will lack the means necessary for his stay in Sweden or any other Nordic country which he intends to visit, and also for his journey home,

2. if it may be assumed that during his stay in Sweden or in one of the other Nordic countries, he will not be supporting himself by honest means or that he will be carrying on activities for which a work permit is required without possessing such a permit,

3.if, owing to a previously imposed prison sentence or some other special circumstance, there is reason to suppose that he may commit a criminal offence inSwedenor in some other Nordic country,

4. if, in view of his previous activity or for some other reason, it can be assumed that he will engage in sabotage, espionage or illicit intelligence activities in Sweden or in any other Nordic country, or

5.if, pursuant to the Act concerning Certain International Sanctions (1996: 95), it has been prescribed that entry may be refused.

An alien may also be refused entry in other cases when such refusal has been requested by the centralaliensauthority of another Nordic country and it may be presumed that the alien will otherwise make his way to that country.

Refusal of entry under this Section may not occur more than three months after the alien’s arrival inSweden, nor may it occur if the alien holds a visa or residence permit.

Expulsion when a residence permit has ceased to apply

Section 3

An alien may be expelled fromSwedenif he remains here after his residence permit has expired or been revoked.

Handling of refusal-of-entry and expulsion cases under Sections 1-3

Section 4

Refusal-of-entry cases shall be examined by the Swedish Immigration Board if

1.thealien applies for asylum here,

2.thealien has a close relative who is applying for asylum here,

3.thealien may come to be refused entry under Section 2, sub-section 2, or

4.thealien, when the question of his refusal of entry is raised, has been staying inSwedenwithout interruption for more than three months since his arrival.

In other cases, the question of refusal of entry is to be examined by the police authority.

If the police authority is in doubt as to whether entry should be refused, the matter shall be referred to the Swedish Immigration Board.

Section 5

Decisions concerning expulsion under Section 3 are made by the Swedish immigration Board.

Section 6

If a residence permit application is rejected or a residence permit revoked while the alien is inSweden, a refusal-of-entry or expulsion order shall be made at the same time unless there are special grounds to the contrary.

Expulsion on account of criminal offences

Section 7

An alien may be expelled fromSwedenif he is convicted for a crime punishable by imprisonment or if a court revokes a conditional sentence or probation imposed on him.

However, an alien may only be expelled if he is sentenced to punishment more severe than a fine and

1.onaccount of the nature of the crime and other circumstances it may be assumed that he will continue his criminal activity in this country, or

2.inview of the damage, danger or violation involved for private individuals and public interests, the offence is so serious that he ought not to be allowed to remain in this country.

Section 8

Expulsion on account of a criminal offence is to be determined by the court in which the criminal proceedings take place.

Section 9

When, pursuant to Chapter 34 of the Penal Code, a court amends a sentence imposed on an alien together with an expulsion order, it may also make such an order concerning expulsion as is occasioned by the revision of the sentence.

Certain restrictions of expulsion for criminal offences

Section 10

A court considering whether an alien should be expelled under Section 7 shall pay due regard to the alien’s links to Swedish society. In this connection the court should pay particular attention to the living conditions and family circumstances of the alien and the length of time he has resided inSweden.

An alien who, at the time of proceedings being instigated, has been the holder of a residence permit for at least four years or who at that time has resided in Sweden for at least five years, may not be expelled unless there are exceptional grounds for his expulsion. The same applies to a citizen of another Nordic country who, at the said time, has been domiciled here for at least two years.

A person who holds a declaration of refugee status or who is otherwise obviously to be regarded as a refugee and is in need of sanctuary inSwedenmay not be expelled unless he has committed a particularly serious crime and public order and security would be seriously endangered if he were allowed to remain here. He may also be expelled if, inSwedenor abroad, he has conducted activities constituting a danger to national security and there is reason to suppose that he would continue such activities here. If an alien has a declaration of refugee status, he shall be regarded as a refugee in need of sanctuary inSweden, unless it is manifest that he is no longer a refugee in such need.

An alien may not be expelled if he came toSwedenbefore the age of fifteen and at the time of proceedings being instigated has been residing here for at least five years.

Expulsion in certain other cases

Section 11

Provisions concerning expulsion for reasons of national security and on account of fears of criminal activity including violence, menaces or coercion for political purposes are contained in the Special Aliens Control Act (1991:572).

Consideration of impediments to enforcement

Section 12

When a question concerning refusal of entry or expulsion is examined, it shall be taken into consideration whether the alien, pursuant to the provisions of Chapter 8, Sections 104, cannot be sent to a particular country or whether there are special impediments to enforcement of the decision.

Decisions made by the Government, the Aliens Appeals Board or the Swedish Immigration Board shall include such directions with regard to enforcement as this examination may occasion.

Return transport in certain cases

Section 13

If an alien who, under an order made by authority of this Act, may only frequent a certain part of the country nonetheless frequents another place inSweden, he is to be taken, through the agency of the police authority, to a place where he is permitted to stay.

Prohibition of return to Sweden

Section 14

A refusal-of-entry or expulsion order made by the Swedish Immigration Board may be combined with a prohibition for the alien to return toSwedenwithin a certain period without permission from the Swedish Immigration Board.

A judicial or administrative expulsion order on account of criminalbehaviourshall include a prohibition for the alien to return toSwedenwithin a certain time or indefinitely. In the judicial or administrative order, the alien shall be informed of the day on which the prohibition ceases to apply and of the penalty entailed by infringement of the prohibition, under Chapter 10, Section 4.

Special permission for brief visits to Sweden

Section 15

An alien who, pursuant to Section 14, has been forbidden to return toSwedenfor a certain period or forever can be given special permission by the Swedish Immigration Board to pay a short visit here on particularly important business. Permission of this kind can also be given in response to an application by some person other than the alien, if there are special grounds for doing so.

Chapter 5.Controls and coercive measures

Controls in connection with entry and departure

Section 1

On entering or leavingSweden, an alien must show his passport to the police authority unless otherwise indicated by regulations issued by the Government. The alien shall also furnish the police authority with the information and present the documents relevant to assessment of his entitlement to enter and stay inSweden.

The Swedish customs authority and Coast Guard are under obligation to assist the police in controls of aliens’ entry and departure in accordance with this Act. The Swedish Coast Guard shall participate in police control activities by exercising control of sea traffic.

Section 2

In connection with entry controls, a police officer may subject an alien to body search and investigate his luggage, hand luggage, handbags and such like, to the extent necessary in order to ascertain the alien’s identity. This type of investigation may also be carried out in order to ascertain the route by which the alien has arrived inSweden, if this has a bearing on assessment of his right of entry and abode inSweden. In connection with entry controls, a police officer may also investigate luggage compartments and other confined spaces in cars and other vehicles for the purpose of preventing an alien from enteringSwedenin violation of the provisions of this Act or of regulations issued in pursuance of the same.

If entry controls are operated with assistance from the customs authority, the Swedish Coast Guard or with assistance from a specially appointed passport control officer, passports and other documents shall be shown to the customs officer, the coastguard officer or the passport control officer. In such circumstances, these officers shall have the same powers as are indicated in sub-section one.

A written record shall be kept of body search. The record shall state what occurred during the search.

Taking charge of passports

Section 3

If, on arrival in Sweden or subsequently, an alien applies for a residence permit, the Aliens Appeals Board, the Swedish Immigration board or the police authority may take charge of his passport or other identity document until he receives permission to stay here or leaves the country.

In connection with enforcement of a refusal-of-entry or expulsion decision, the police authority may take charge of the documents referred to in sub-section one until enforcement can take place.

Retaining tickets

Section 4

The Swedish Immigration Board or the police authority may retain an alien’s ticket for his journey fromSweden, until the alien receives permission to stay inSwedenor leaves the country, if

1.thealien lacks a passport, visa, residence permit or work permit when this is required for entry or residence inSweden, or

2.thealien will presumably be applying for a residence permit.

The ticket may only be retained if

thereis a manifest likelihood of the alien being refused permission to stay here, and also

thereis reason to suppose that otherwise the alien will dispose of the ticket and will not himself be able to pay for the cost of his journey fromSweden.

The Swedish Immigration board or the police authority may attempt to cash the ticket if it would otherwise lose its value. If it is cashed, the taking in charge shall refer to the money then disbursed.

Fingerprints and photographs

Section 5

The Swedish Immigration Board or the police authority may photograph an alien and, if he is aged 14 or over, take his fingerprints if

1.thealien cannot substantiate his identity on arrival inSweden, or

2. the alien is applying for a residence permit and citing the reasons referred to in Chapter 3, Section 2 or 3, or

3.thereis legal cause for detaining the alien.

Controls during residence in Sweden

Section 6

It is the duty of an alien residing inSwedento producer, when requested to do so by a police officer, his passport or other documents showing that he is entitled to remain inSweden. It is also his duty, when summoned by the Swedish Immigration Board or the police authority, to call on the Board or the authority and supply particulars concerning his stay here. If the alien does not do so he may be collected. If, in view of the alien’s personal circumstances or for some other reason, it may be presumed that he would not comply with the summons, he may be collected without any previous summons.

Controls as referred to in sub-section one may only be resorted to if there is reason to suppose that the alien is not entitled to remain here or if there is some other special reason for control.

Section 7

If an alien refuses to comply with an order made by the Swedish Immigration Board pursuant to Sections 3-6, the Board may request the assistance of the police authority in enforcing the order.

Chapter 6.Special provisions on detention and supervision, etc.

Detention for investigation

Section 1

An alien is under obligation to stay for investigation in connection with entry or departure or in connection with summons or collection as provided in Chapter 5, Section 6, however not for longer than necessary and on no account for more than sixhours,unless a detention order has been made pursuant to Section 2 or 3.

If the alien refuses tofulfilthis obligation, he may be detained.

Detention and supervision

Detention of adults

Section 2

An alien aged 18 or over may be detained if

1. his identity is unclear on arrival in Sweden or, when he subsequently applies for a residence permit and cannot establish the probability of his stated identity being correct and his right of entry or abode in Sweden cannot be assessed otherwise, or

2.thisis necessary in order for an investigation of his right of remaining inSwedento be feasible, or

3.itis probable that he will be refused entry or expelled pursuant to Chapter 4, Section 1,2 or 3, or the question arises of enforcing a refusal-of-entry or expulsion order.

Detention orders under sub-section one paragraph 3 may only be issued if the personal circumstances of the alien or other circumstances give cause for fearing that he will conceal himself or engage in criminal activities inSweden.

Detention of children

Section 3

An alien child under eighteen may not be detained unless

1. it is probable that the child will be refused entry pursuant to Chapter 4, Section 1 or 2 and that an order for immediate enforcement under Chapter 8, Section 8 will be made or the question will arise of enforcing such a refusal-of-entry order, and there is an obvious risk that the child will otherwise conceal himself, thereby jeopardizing an impending enforcement which ought not to be delayed, or

2. the question arises of enforcement of a refusal-of-entry order in a case other than that referred to in paragraph one or of an expulsion order pursuant to Chapter 4, Section 3 and, on a previous attempt being made to enforce the order, it has proved insufficient for t6he child to be kept under supervision as provided in Section 5, sub-section three.

The child may not be detained as provided in sub-section one if it is sufficient for him to be kept under supervision as provided in Section 5, sub-section two. The child may not be separated from his custodian or, if there is more than one custodian, from one of them as a result of the custodian or the child being detained. If the child has no custodian in this country, the child may only be detained if there are exceptional grounds for doing so.

Limitation of detention

Section 4

An alien may not be detained pursuant to Section 2, sub-section one, paragraph 2 for more than 48 hours.

Otherwise an alien aged eighteen or over may not be detained for more than two weeks unless there are exceptional grounds for a longer period. However, if a refusal-of-entry or expulsion order has been made, an alien may be detained for up to two months, unless there are exceptional grounds for a longer period.

A foreign child under eighteen may not be detained for more than 72 hours or, if there are exceptional grounds for doing so, for an additional 72 hours.

Supervision

Section 5

An alien aged eighteen or over may, subject to the conditions indicated in Section 2, be kept under supervision instead of being detained, if this is sufficient. A foreign child under eighteen may, subject to the conditions indicated in Section 3, sub-section one, be kept under supervision.

A foreign child under eighteen may also be kept under supervision when a refusal-of-entry order has been made in a case other than that referred to in sub-section two or when an expulsion order has been made pursuant to Chapter 4, Section 3.

Supervision implies a duty on the part of the alien to report to the police authority in the locality at certain times or to surrender his passport or other identity document or to meet other special conditions.

Reconsideration

Section 6

A detention order as referred to in Section 4, sub-section two, shall be reconsidered not more than two weeks or, if a refusal-of-entry or expulsion order has been made, two months after the day on which the detention order was put into effect.

A supervision order is to be considered within six months of being made.

If the alien is still detained or is to remain under supervision, there is to be further reconsideration from time to time within the same periods.

If reconsideration does not take place within the prescribed period, the detention or supervision order shall cease to apply.

Section 7

Every reconsiderationof a detention order is to be preceded by oral proceedings. The same shall apply to a supervision order, unless, in view of the nature of the inquiry or other circumstances, such proceedings are manifestly immaterial.

Section 8

If there is no longer any cause for the alien to be detained or kept under supervision, the detention or supervision shall be discontinued immediately.

Decision-making authorities

Section 9

A detention or supervision order shall be made by the authority handling the matter.

Authoritieswhichmay handle these matters are

thepolice authority:

a)fromthe time a request for entry or application for a residence permit is made until the matter has been received by the Swedish Immigration Board or the alien has left the country,

b)assoon as a refusal-of-entry or expulsion decision has been received for enforcement, even if an application as referred to in Chapter 2, Section 5b is made,

theSwedish Immigration Board:

as soon as the matter has been received until a decision is made; if an appeal is lodged against the decision or if it may be enforced although it has not entered into force or on other grounds, the Board is the handling authority until the matter has been received by the Aliens Appeals Board and police authority respectively, and

thealiens appeals Board:

assoon as the matter has been received until a decision is made and the decision, where appropriate, has been received by the police authority for its enforcement.

When a matter has been received by the Ministry responsible for dealing with it, the Government is considered to be the handling authority. Detention or supervision decisions are made by the Minister responsible for the case. A decision to detain a person or to keep him in custody cannot be made by the Government. The same shall apply, mutatismutandi, concerning supervision.

In cases where a stay of enforcement order may be made under Chapter 8, Section 10, sub-sections one and two, the Aliens Appeals Board or the Government shall not be regarded as the handling authority until the order has been issued.

The police authority may also decide that an alien is to be temporarily detained or placed under supervision if there is not time to await a decision of the handling authority. Any decision under this sub-section must be promptly reported to the authority handling the case, whereupon that authority shall immediately consider whether the detention or supervision order is to remain valid.

Section 10

If an alien detained or under supervision is refused entry or expelled, the authority making the decision is to consider whether the alien is to be kept in detention or under supervision.

A detention or supervision order may be cancelled by the Government.

Section 11

Section 11 of the Police Act (1984:387) provides that a police officer may in certain cases detain an alien, pending a detention order by the police authority. Ifalienscontrols are administered with the assistance of the customs authority the Swedish Coast Guard or a specially appointed passport control officer, the customs officer, coast guard officer or passport control officer shall have the same powers as a police officer to detain an alien. Such detention is to be reported as promptly as possible to a police officer, for consideration as to whether the measure is to remain in force.

Provisions on proceedings

Section 12

Proceedings concerning detention or supervision are to take place before the national authority deciding the measure. This authority may decide that proceedings are instead to be conducted by a district court.

The authority may decide that some person other than the alien is also to be questioned during proceedings. If the proceedings are not held before the authority which is to decide on detention or supervision, a representative of the authority is to be present, as well as the alien.

In cases referring to residence permits, refusal-of-entry or expulsion which are handled by the Government, the Minister responsible for cases under this Act or the official appointed by the Minister may decide infavourof proceedings and appoint a district court or an administrative authority to conduct the same. If so, sub-section two shall apply, mutatis mutandis.

Section 13

The alien and other persons to be questioned shall be summoned to the proceedings. If the alien is being held in detention, the district court or the administrative authority conducting the proceedings shall make an order for his appearance. If the person to be questioned has been served with a summons to the proceedings at least four days beforehand and, without having reported lawful excuse, does not make an appearance, the district court or the administrative authority may order him to be collected through the agency of the police authority. No person other than the alien, however, may be collected unless there are exceptional grounds for doing so.

Section 14

In the proceedings, a close investigation is to be made of circumstances with a possible bearing on the decision of the case. The alien shall be given an opportunity to present his standpoint and comment on the circumstances referred to in the case.

Proceedings before a district court shall comply with the relevant provisions on the taking of evidence in criminal cases other than in main proceedings. Over and above the provisions of Chapter 5, Section 1 of the Code of Judicial Procedure, the court may rule that procedures shall be in camera, if it may be presumed that facts will emerge during the proceedings which, for the purposes of the court, are subject to the secrecy provisions of the Secrecy Act (1980:100).

Proceedings before an administrative authority shall comply with the relevant provisions of the Administrative Litigation Act (1971:291) on oral proceedings.

Section 15

In return for appearing at the proceedings, the alien shall receive reimbursement out of public funds for travel and living expenses if such reimbursement is judged reasonable considering his economic circumstances, the length of time he has resided inSwedenand other circumstances. Reimbursement may be paid in advance.

Other persons summoned to and attending the proceedingsareentitled to reimbursement out of public funds for expenses and loss of time occasioned by their attendance. Reimbursement for travel and living expenses may be paid in advance.

Questions concerning compensation or advance payments are to be decided by the authority or court conducting the proceedings.

Questions concerning compensation or advance payments are to be decided by the Government.

Enforcement of detention orders

Section 16

The Swedish Immigration Board is responsible for the enforcement of detention orders.

Police assistance

Section 17

At the request of the Swedish Immigration board or the authority which has made a detention order, the police authority shall assist in carrying out the order.

If the Swedish Immigration Board so requests, the police authority shall also assist in dealing with the removal of an alien kept in detention.

Treatment of aliens kept in detention

Section 18

Aliens kept in detention shall be treated humanely and their dignity shall be respected.

Section 19

Aliens who are kept in detention under this Act shall stay in premises that have been specially arranged for them (detention premises). The Swedish Immigration Board is responsible for the detention premises and for the treatment of the aliens who stay in them.

The Swedish Immigration Board may decide that an alien kept in detention shall be placed in a prison,gaolor police cell if

1.thealien has been expelled on grounds of his conviction for an offence in accordance with Chapter 4 Section 7,

2. the alien is being kept isolated in accordance with Section 22 and for reasons of security cannot stay in detention premises, or

3.thereare other exceptional reasons.

A child under 18 who is kept in detention may not be placed in a prison,gaolor police cell.

Section 20

The provisions of Sections 21-31 apply to those aliens who are to stay in detention premises in accordance with Section 19 sub-section one.

For aliens placed in a prison,gaolor police cell in accordance with Section 19 sub-section two, relevant sections of the Act concerning the treatment of detained and arrested persons (1976:371) apply instead. In addition, these aliens shall be granted the facilities and privileges which may be permitted taking into consideration the order and security of the prison,gaolor police cell.

Section 21

An alien kept in detention may be prevented from leaving the detention premises and otherwise be subject to the restriction of freedom of movement that is required to satisfy the purpose of detention or which is necessary to maintain order and security on the premises. Freedom of movement may also be restricted if the alien constitutes a serious danger to himself or to others.

Activities connected with detention shall be organized in a way that involves the least possible encroachment on the integrity and rights of the individual.

Section 22

An alien who is kept in detention and who is over 18 may be kept isolated from others committed to detention if it is necessary in order to maintain order and security on the premises or if the alien constitutes a serious danger to himself or to others.

Decisions to keep persons isolated are taken by the Swedish Immigration Board. The decision shall be reexamined as often as there is reason to do so, however at least every third day.

An alien who is kept isolated because he is a danger to himself shall be examined by a doctor as soon as this can take place.

Section 23

Aliens kept in detention shall be given an opportunity to participate in activities, recreation, physical exercise and sojourns out of doors.

Section 24

An alien kept in detention shall be given an opportunity to receive visits and have contact with persons outside the detention premises in other ways unless in a particular case the execution of nationaldefenceactivities prevents this.

If it is necessary for reasons of security, a visit may be supervised. A visit by a public counsel or a lawyer may only be supervised if the counsel or lawyer himself so requests.

Section 25

An alien kept in detention may not without permissionbein possession of alcoholic beverages or other means of intoxication or anything else that could injure someone or be to the detriment of order within the premises.

Section 26

If there is reason to suspect that an alien kept in detention has in his possession something which he is not permitted to have under Section 25 or under the Narcotic Drugs Act (1968:64), a bodily search of the alien may be carried out for control purposes.

The bodily search may not be more intimate than is absolutely necessary bearing in mind the purpose of the measure. Every consideration circumstances permit shall be shown. A witness shall be present if possible.

Bodily search of women may not be carried out by or in the presence of men other than doctors or state registered nurses. However, if search only implies the examination of objectsa womenhas in her possession, it may be done and witnessed by a man.

Section 27

An alien kept in detention may not receive mail without it being previously examined, if there is reason to suspect that the mail contains property which the alien may not have in his possession under Section 25or under the Narcotic Drugs Act (1968:64).

It the alien does not consent to the opening of the mail in his or her presence, it shall be held on behalf of the alien but it may not be opened.

Examination of mail may not refer to the written contents of a letter or other documents in writing. Mail from public counsels, lawyers,internationalbodies authorized to receive complaints from individuals, or the United Nations High Commissioner for Refugees, may never be examined.

Section 28

If property which an alien is not permitted to have in his possession under Section 25 or under the Narcotic Drugs Act is found on the detention premises or on the person of the alien kept in detention, the property may be held.

If it may be assumed that by being in possession of or receiving property in accordance with sub-section 1 an alien is guilty of an offence, or if there is no known owner, the property shall be handed over to the police without delay.

Otherwise the property shall be held on behalf of the alien.

Section 29

Property which is held in accordance with Section 27 sub-section 2 or Section 28 sub-section 3 shall be returned to the alien when the detention order ceases to apply.

Section 30 an alien kept in detention is entitled to the daily allowance and special allowance referred to in Sections 17 and 18 of the Act concerning the Reception of Asylum Seekers, etc. (1994: 137).

Section 31

An alien kept in detention shall have access to health and medical services to the same extent as persons applying for a residence permit under Chapter 3 Section 2 or 3 notwithstanding the fact that the alien has not applied for such a permit.

If an alien kept in detention needs hospital treatment during his period of detention, he shall be given an opportunity to receive such treatment.

The manager responsible for the hospital unit in which the alien is being treated shall ensure that the Swedish Immigration Board or the person in charge of the detention premises is immediately informed if the alien wishes to leave or has already left the hospital.

Chapter 7.Appeals, etc.

Right of appeal

Section 1

Appeal against decisions by administrative authorities in cases coming under this Act is only possible as indicated in this Chapter.

The Government may only consider applications for the cancellation of a refusal-of-entry or expulsion order in cases referred to in this Chapter.

Refusal-of-entry and expulsion orders

Decision by the police authority

Section 2

An alien may appeal to the Swedish Immigration Board against a refusal-of-entry order made by a police authority.

Decision by the Swedish Immigration Board

Section 3

An alien may appeal to the Aliens Appeals Board against a decision by the Swedish Immigration Board concerning rejection of an application for a residence permit or the revocation of a residence permit. An alien may appeal to the Aliens Appeals Board against a decision by the Swedish Immigration Board concerning a work permit decision or the revocation of a work permit, provided that the permit matter has been processed in connection with a refusal-of-entry or expulsion order.

The Aliens Appeals Board consists of a chairman and such a number of other members asisdetermined by the Government. There is to be an alternate for the chairman. Members and the chairman’s alternate are appointed by the Government. The chairman andchairman’salternate shall be qualified lawyers with judicial or equivalent experience.

Decisions concerning declarations of refugee status and travel documents

Section 4

The alien may appeal to the Aliens Appeals Board against a decision by the Swedish Immigration Board concerning declaration of refugee status or travel documents and the revocation of a declaration of refugee status.

Decisions conjointly with refusal-of-entry or expulsion orders

Section 5

When deciding an appeal concerning refusal of entry or expulsion, the Swedish Immigration Board or the Aliens Appeals Board may also decide the question of a residence permit, even if this question has not bee raised by the alien.

When considering a refusal-of-entry or expulsion order, the Aliens Appeals Board may rule that the alien shall be forbidden for a certain length of time to return toSweden, even if no such prohibition has been made by an inferior instance.

The Swedish Immigration Board and the Aliens Appeals Board may, when examining a refusal-of-entry or expulsion order, at the same time make such a decision concerning a child under sixteen who is in the alien’s care, even if this question has not been considered by an inferior instance. In a case coming before the Aliens Appeals Board, however, this shall not apply if circumstances referred to in Chapter 3, Section 1 have been pleaded on the child’s behalf, unless there are manifestly no grounds for asylum.

Decision to retain a ticket

Section 6

The alien may appeal to an administrative court against the decision of the Swedish Immigration board or a police authority to retain a ticket.

Leave to appeal is required in the case of appeal to the Administrative Court of Appeal.

Detention orders

Section 7

The alien may appeal against a detention order made by a police authority, the Swedish Immigration Board or by the Aliens Appeals Board to an administrative court.

An appeal against a detention order may be lodged separately from the rest of the case and without any time limit.

Leave to appeal is required for appeal to the Administrative Court of Appeal. If a detention order has been made by the Minister responsible for cases under this Act, theSupreme Administrative Courtshall, when petitioned by the alien, consider whether the measure is to remain in force.

Section 7a

Appeals may be lodged with a general administrative court against decisions of the Swedish Immigration Board in special cases in accordance with Chapter 6 Sections 19 and 21-31.

Leave to appeal is required in the case of appeal to the Administrative Court of Appeal.

Judgment or order for expulsion on account of criminal offences

Section 8

A judgment or order for expulsion on account of a criminal offence may be contested by appeal, in compliance with the rules applying to appeal against judgments or orders by common courts in criminal proceedings.

Decisions concerning reimbursement, etc.

Section 9

A decision by an administrative authority

1.concerningreimbursement in a matter handled under this Act,

2.toreject an attorney or counsel, or

3. in a matter of prejudice,

maybe contested by appeals separately from the rest of the case. Appeals concerning reimbursement are to be lodged with an administrative court. Leave to appeal is required in the case of appeal to the Administrative Court of Appeal.

Review of decisions by the Swedish Immigration Board

Section 10

Repealed.

Referral of cases to the Government

Section 11

The Swedish Immigration Board may refer a case to the Aliens Appeals Board for determination, with a recommendation of its own, if, on account of a family link or some similar cause, the case is connected with a case under this Act which is being considered by the Aliens Appeals Board.

The Swedish Immigration Board or the Aliens Appeals Board may refer a case to the Government for determination, with a recommendation of its own, if the case does not refer to an application under Chapter 2, Section 5b and if

1.thematter, on account of a family link or some similar cause, is connected with a case under this Act which is being considered by the Government,

2.thecase is judged to be of such importance for national security or otherwise for public security or forSweden’s relations with a foreign power or an international organization, that the matter should be considered by the Government,

3. it is judged to be of particular importance as guidance to the implementation of this Act that the Government make a decision in a case which can be considered to be of importance for residence permits for a group of aliens giving mainly the same reasons in support of their applications for residence permits, or

4.incases other than those specified in paragraph 3 it is judged to be of exceptional importance as guidance to the implementation of this Act that the matter is considered by the Government.

When the Swedish Immigration Board refers a case to the Government, the case shall first be sent to the Aliens Appeals Board. The Aliens Appeals Board shall promptly forward the matter to the Government with a recommendation of its own. The recommendation should indicate the Board’s views on the facts of the case and also whether the matter should be determined by the Government. However, this paragraph only applies to cases where a decision by the Swedish Immigration Board could have been contested by an appeal to the Aliens Appeals Board.

The provisions of Section 5 concerning the Swedish Immigration Board and the Aliens Appeals Board shall also apply to the Government when determining a case referred to it.

Declaration of acceptance

Section 12

An alien who is entitled to appeal against a refusal-of-entry order or an expulsion order may declare that he refrains from appealing against the decision or judgment in this respect (declaration of acceptance).

Section 13

A declaration of acceptance is made before

1.theauthority making the decision or judgment,

2.apolice authority which has not made the decision, or

3.thedirector of a prison or superintendent of a remand centre or some other officer appointed to receive such a declaration.

The declaration of acceptance may, however, be made before an authority other than the authority which has made the decision or judgment, but only in the presence of a witness and if the person receiving the declaration has access to a transcript of the decision or judgment or a certificate of the content of the decision.

Section 14

The declaration of acceptance may not be revoked. If the alien has appealed against the order or judgment when making the declaration of acceptance, his appeal should be deemed withdrawn by reason of the declarations. If the alien has applied for a residence permit, work permit or travel documents, declaration of refugee status or alien’s passport, the application is to be deemed withdrawn by reason of the declaration.

Cancellation of refusal-of-entry or expulsion order in certain cases

Section 15

If, after review, the Swedish Immigration Board awards an alien a residence permit, the Board may at the same time cancel a refusal-of-entry or expulsion order. If the Swedish Immigration Board issues a residence permit of limited duration withoutcancellingthe refusal-of-entry or expulsion order, the latter may not be enforced while the permit is valid.

The Swedish Immigration Board, however, may not cancel a court judgment or order for expulsion or issue a residence permit to a person expelled through such a judgment or order.

Section 16

If the Government finds that a judgment or order for expulsion on account of a criminal offence cannot be put into effect, or if there are any other special grounds why the order should no longer apply, the Government may cancel the order partly or entirely. In so doing, the Government may also make a decision concerning residence and work permits.

If the judgment or order for expulsion is not cancelled, then, in cases referred to in sub-section one, a residence permit or work permit for a limited period may be issued by the Government. The expulsion order may not be put into effect while the permit is valid.

Section 17

Applications for residence permits in accordance with Chapter 2 Section 5b shall be submitted to and examined by the Aliens Appeals Board.

Section 18

If an alien has given false information about his name, his nationality or other circumstance of significance for his identity and if the information has been included in the decision made by anauthority, thatauthority may decide on amendment.

Chapter 8.Enforcement

Impediments to enforcement

Risk of capital punishment, corporal punishment or torture

Section 1

An alien refused entry or expelled may never be conveyed to a country where there are reasonable grounds for believing that he would be in danger of suffering capital or corporal punishment or of being subjected to torture or other inhuman or degrading treatment or punishment, nor to a country where he is not protected from being sent on to a country where he would be in such danger.

Risk of persecution

Section 2

When a refusal-of-entry order or an expulsion order is to be put into effect, the alien may not be sent to a country where he risks persecution, nor to a country where he is not safeguarded against being sent on to a country where he risks such persecution.

An alien may, however, be sent to a country as referred to in sub-section one if he cannot be sent to any other country and if he has shown, by committing a particularly grave criminal offence, that public order and safety would be seriously endangered by his being allowed to remain in Sweden. This does not apply if the persecution threatening him in the other country implies danger to his life or is otherwise of a particularly grave nature.

Similarly, the alien may be sent to a country referred to in sub-section one if he has conducted activities endangering the national security ofSwedenand if there is reason to suppose that he would continue to engage in such activities here and he cannot be sent to any other country.

Section 3

Repealed.

Section 4

An alien referred to in Chapter 3, Section 3, sub-section one, paragraph 2 may not be sent to his country of origin or to a country where he risks being sent on to his country of origin, if he has exceptional grounds against this.

Enforcement destinations

Section 5

If enforcement is not subject to any impediments under Sections 1-4, an alien refused entry or expelled shall be sent to his country of origin or, if possible, to the country from which he came to Sweden.

If the decision cannot be put into effect in the manner indicated in paragraph one or if there are other special grounds for doing so, the alien may be sent to some other country instead.

Section 6

If an alien who has come to Sweden on board a ship or aircraft is refused entry because he lacks a passport or the permits required for entering Sweden or the means for his journey home, he may be returned to the said ship or aircraft or put on board another ship or aircraft having the same owner or user (carrier). If it is necessary for supervisory personnel to accompany the alien, room is also to be made for them on board the ship or aircraft.

If the commander of the ship or aircraft refuses to receive the alien or the supervisory personnel, a contingent fine may be imposed on him by the police authority.

Sub-section one shall not apply if the ship or aircraft is bound for a country to which, under Sections 1-4, the alien may not be sent.

Enforcement of orders which have not acquired force of law

Section 7

A refusal-of-entry order made by a police authority should be put into effect regardless of any appeal lodged.

A refusal-of-entry or expulsion order by the Swedish Immigration Board may be put into effect even if it has not acquired the force of law, if the alien has made a declaration of acceptance.

Enforcement is also possible if the alien has made a declaration of acceptance concerning a court judgment or order for his expulsion on account of a criminal offence and the prosecutor consents to the same.

A refusal-of-entry or expulsion order may not be enforced, however, before a prison sentence passed on the alien has been served or execution of it has been transferred to another country. If a public prosecution has been instituted against the alien, a refusal-of-entry or expulsion order may not be enforced before the prosecution has been finally adjudicated unless the prosecution is withdrawn.

Section 8

The Swedish Immigration Board may ordain that a refusal-of-entry order made by the Board is to be put into effect even if it has not entered into legal force (immediate enforcement),if it is obvious that there are no grounds for asylum and that a residence permit is not to be awarded on any other grounds either.

An immediate enforcement order may not be issued more than three months after the alien’s first application for a residence permit after arrival inSwedenunless there are exceptional grounds for doing so.

Stay of enforcement

Section 9

If an alien has appealed against a refusal-of-entry order with an order for immediate enforcement under Section 8, the Swedish Immigration Board shall consider whether enforcement of the order is to be stayed for the time being. In connection with reviewing a refusal-of-entry order with such an order, the Swedish Immigration Board is to consider whether a stay of execution order shall be made.

Section 10

When considering a residence permit application from an alien who is to be refused entry or expelled under an order which has acquired force of law, the Swedish Immigration Board may decide to stay execution of the order made previously. The Government, when considering the question ofcancellinga court judgment or order for expulsion, may grant a stay of execution concerning the order made previously.

If there are special grounds for doing so, the Swedish Immigration Board may also decide infavourof a stay of execution in cases other than those referred to in sub-section one.

Section 10a

If an international organ which is entitled to examine complaints from private individual addresses a request toSwedenfor the stay of execution of a refusal-of-entry or expulsion decision, a stay of execution order shall be made unless extraordinary reasons tell against this.

Enforcement authorities

Section 11

A refusal-of-entry or expulsion order shall be enforced by the police authority or, in the case of a decision made by the Government, some other authority appointed by the Government.

Time of enforcement

Section 12

A refusal-of-entry order by a police authority, a refusal-of-entry order by the Swedish Immigration Board accompanied by an immediate enforcement order, a court judgment or an order for expulsion shall be enforced as soon as possible.

In cases other than those referred to in sub-section one, an alien who has been refused entry shall leave the country within four weeks of the order acquiring force of law, failing provision to the contrary in the order.

If the alien does not leave the country within the prescribed time or if it can safely be assumed that he has no intention of leaving the country within that time of his own free will, the police authority is to enforce the order as soon as possible.

Notice of impediment to enforcement

Section 13

If the enforcing authority finds that enforcement cannot be carried out or that further information is needed, the authority shall notify the Swedish Immigration Board accordingly. In a case of this kind, the Swedish Immigration Board shall decide on enforcement or to take such measures as are necessary.

If enforcement refers to a judgment or order for expulsion on account of a criminal offence, the Swedish Immigration Board shall refer the matter promptly to the Government for examination as to whether enforcement can be effected.

When an order is to be deemed enforced

Section 14

A refusal-of-entry or expulsion order is to be deemed enforced if the alien has left the country and the order has acquired force of law.

Limitations

Section 15

A refusal-of-entry or expulsion order which has not been made by a common court will lapse if it has not been enforced within four years of acquiring force of law. if an alien has been untraceable for the enforcement of an order under sub-section one within a four-year period and the question then arises as to whether the order can be put into effect, the order should be deemed enforced under Section 14 within the four-year period unless the contrary can be established.

Renewed enforcement

Section 16

If an alien who has been refused entry or expelled and forbidden to return toSwedennonetheless does so without having received special permission for a short visit to this country as provided in Chapter 4, Section 15, or if he remains here after such special permission has expired, the order shall be re-enforced.

Chapter 9.Financial liability

The alien’s liability for travel expenses

Section 1

If an alien is refused entry or expelled, he should be liable to pay the cost of his own journey to the place to which he was sent or to which he is required to travel through the agency of a public authority.

The same shall apply when an alien who may only frequent a certain part ofSwedenis returned, through the agency of the police authority, to a place which he may frequent.

Financial liability of the carrier

Section 2

If an alien who has come to Sweden on board a ship or aircraft is refused entry because he lacks a passport or the permits required for entry into the country or the means for his journey home, it is the duty of the carrier to reimburse the State for the cost of the alien’s journey from Sweden and for the travel expenses from Sweden and back again incurred on behalf of the supervisory personnel who need to accompany the alien.

The carrier should be partly or wholly exempted from this liability if

1.heshows that he had reasonable cause to suppose that the alien was entitled to enterSweden, or

2.toexact the cost is manifestly unreasonable in view of the amount involved or for other reasons.

Section 3

If an alien who is employed on board a ship or aircraft or hastravelledwith the same without permission leaves the ship or aircraft while it is in Sweden, unlawfully enters Sweden and is refused entry, the owner or user of the ship or aircraft shall bear the costs incurred by the authorities for the alien’s upkeep for the next three months and the cost of his journey out of Sweden. If the ship or aircraft has a foreign owner or user, the commander will be liable on his behalf for these costs, unless this is manifestly unreasonable.

Chapter 10.Criminal sanctions

Criminal liability

Section 1

Fines shall be imposed on the following:

1.analien residing inSwedenwithout the requisite permit and omitting to apply for such a permit within the stipulated period or

2.analien holding employment or carrying on business for which a work permit is required, without having such a permit.

A person employing an alien although the alien lacks the requisite work permit, shall be fined or, in aggravating circumstances, sentenced to not more than one year’s imprisonment. The provisions of Sections 7-8 shall apply concerning the imposition of a special charge.

Section 2

The following shall be fined or, in aggravating circumstances, sentenced to imprisonment for up to six months:

1. an alien who, in respects other than the obligation to hold a passport, a visa, a residence permit or a work permit, offends against the provisions of this Act or regulations issued pursuant to the same,

2.aperson failing to give such notice as is prescribed in regulations issued pursuant to this Act,

3.aperson who, in such notice or in an application under this Act or under regulations issued pursuant to this Act, knowingly furnishes incorrect information or deliberately omits to mention an important circumstance.

Section 2a

Any person abetting the entry of an alien intoSwedencontrary to the provisions of this Act or of regulations issued pursuant to this Act shall be sentenced to imprisonment for at most six months or, in mitigating circumstances, to a fine.

If the offence is grave, the sentence shall be imprisonment for at most two years. In judging whether the offence is grave, special attention shall be paid to whether the act

1.wascarried out in return for money,

2.involveda large number of people, or

3.wascarried out ruthlessly.

Attempted offences or preparation of offences under this Section are punishable as provided in Chapter 23 of the Penal Code.

Section 3

The following shall be imprisoned for up to one year or, in mitigating circumstances, fined:

1. any person who, by concealing an alien or by any other such measure, attempts to impede the enforcement of a refusal-of-entry or expulsion order, if the offence was committed for profit,

2.analien contravening regulations issued under this Act or under a statutory instrument issued by authority of this Act and obliging him to frequent only a certain part of the country.

Section 4

An alien residing inSwedenalthough a previously enforced expulsion order under Chapter 4, Section 7 provides that he is not entitled to return to this country shall be imprisoned for up to one year or, if the offence is a minor one, fined. This provision shall not apply, however, to aliens who have fled to this country to escape persecution.

In minor cases, offences under this Section shall not be indicted unless public interest so demands.

Section 5

Any person who, for profit, plans or organizes activities designed to enable aliens to travel to Sweden without passports or the permits required for entry into Sweden shall be imprisoned for at most four years or, if the offence is less serious, shall be fined or imprisoned for at most six months.

Any person abetting an alien to enterSwedenwithout a passport or the permits required for entry intoSwedenshall be sentenced for complicity under sub-section one if he realized or had reasonable cause to assume that the journey was organized for profit through the said activities.

Section 6

Remuneration paid to a person committing an offence referred to in Section 2a, Section 3 (1) OR Section 5 shall be declared forfeit except where to do so would be manifestly unreasonable.

Means of transport used in connection with an offence referred to in Section 2a or Section 5 may be declared forfeit if the owner or captain or some other person in the owner’s place committed the offence or was an accomplice in the offence and forfeiture is needed to prevent crime or there are other special reasons for forfeiture however, there shall be no forfeiture if this would be manifestly unreasonable.

Section 6a

If the owner of a ship which may be declared forfeit under Section 6 sub-section two is not knownorhas no known residence inSweden, the forfeiture action may be brought against the captain of the ship.

Charges

Section 7

A person or corporation employing an alien who does not have a work permit shall pay a special charge, regardless of whether liability is exacted under Section 1, sub-section two.

For every alien referred to in sub-section one, the special charge will constitute half the base amount applying under the National Insurance Act (1962:381) when the offence was committed. If the offence has continued for more than three months, the special charge for every alien will instead equal the full bas amount. The special charge may be reduced or waived if there are special circumstances infavourof doing so.

Section 8

Questions concerning the imposition of a charge under Section 7 are to be tried by a common court at the petition of a public prosecutor, such petition being made within two years of the termination of the period during which the offence was committed. An action of this kind shall be subject to the relevant provisions of the Code of Judicial Procedure concerning prosecution for crimes for which heavier penalties than fines cannot be imposed and concerning the attachment of property in criminal proceedings. No charge may be imposed if five years have elapsed following the end of the period during which the offence was committed. Charges are payable to the State.

Charges are to be paid to the country administrative board within two months of a decision gaining force of law.noticeof the decision shall include information to this effect. If a charge is not paid within this period, a penalty charge shall be imposed in accordance with the Act concerning Penalty Charges (1997:484). The unpaid charge and the penalty charge shall be collected in accordance with the relevant procedure. The Government may prescribe that collection need not be requested in the case of small amounts. Provisions regulating collection are contained in the Act concerning Recovery of State Claims, etc. (1993:891). No collection measures may be taken, however, more than five years after a decision acquires force of law.

Chapter 11.Certain provisions on handling procedure

Oral proceedings

Section 1

An alien who has applied for asylum inSwedenmay only be refused entry if the Swedish Immigration Board’s handling of the case has included oral proceedings. Oral proceedings shall also be held in other respects at the request of the alien if such proceedings are not immaterial to the outcome of the asylum case.

An asylum case at the Aliens Appeals Board shall include oral proceedings if this may be presumed to benefit the investigation or otherwise to promote rapid determination of the case. Oral proceedings shall also be held in other respects at the request of the alien, unless it is clear that such proceedings are unnecessary in the asylum case.

The Aliens Appeals Board shall hold oral proceedings in cases concerning expulsion or refusal to renew a residence permit with reference to aliens covered by the Agreement on a European Economic Area (EEA). Oral proceedings shall also be held in matters concerning refusal-of-entry or refusal to grant a residence permit if they are requested by an alien who is covered by the Agreement and who has applied for a residence permit. In this case, however, oral proceedings may be omitted if they conflict with the interests of national security.

The Swedish Immigration Board and the Aliens Appeals Board may decide that persons other than the alien are to be questioned in the handling of the case.

Reimbursement for attendance in such cases shall be paid in accordance with Chapter 6, Section 15,subsection two.

Special provisions on investigations involving children are given is Section la.

Investigations involving children, etc.

Section la

When assessing permit cases under this Act, the viewpoints of any children affected by a decision in the matter shall be ascertained, unless this is unsuitable, and consideration shall be given to what a child has said if this is justified bearing in mind the child’s age and level of maturity.

Section 1b

The person appointed public counsel to an alien under 18 who does not have a guardian in this country is the child’s representative in the matter the appointment refers to without being specially appointed.

Access of a party to particulars

Section 2

The provisions of Section 17 of the Administrative Procedure Act (1986:223) concerning the entitlement of a party to gain access to particulars are only to be applied in cases concerning the issue of visas, fixed-term residence permits, work permits and the revocation of permanent residence permits when the alien is domiciled or otherwise present inSweden.

Explanation of grounds for decisions

Section 3

The provisions of Section 20 of the Administrative Procedure Act concerning the explanation of grounds for decisions also apply to decisions pronounced in cases under this Act unless this does not apply by virtue of sub-sections 2 and 3 of this Section.

A residence permit decision shall always specify the grounds on which the decision has been based.

Regarding decisions concerning visas or work permits, the explanation of grounds for decisions may be omitted. An alien covered by the Agreement on a European Economic Area, without being a citizen of an EEA country, is always entitled to an explanation of the grounds for a decision concerning a visa if it has gone against him.

Stay of enforcement order by a Minister

Section 4

When a case under this Act is to be examined by the Government, the Minister responsible for these cases may decide to stay enforcement of refusal-of-entry or expulsion pending the determination of the matter by the Government.

Interpreter’s remuneration

Section 5

A person serving as an interpreter in the handling of a case under this Act before an administrative authority or a court of law is entitled to receive a fee out of public funds together with reimbursement for expenses and loss of time, unless the assignment is performed in the course of his normal duties.

Questions concerning reimbursement shall be decided by the court or authority handling the case.

More detailed provisions concerning reimbursement are issued by the Government or by the authority appointed by the Government.

Duty of notification

Section 6

The municipal social services committee shall, when requested to do so by the Aliens Appeals Board, the Swedish Immigration Board or a police authority, furnish particulars concerning the personal circumstances of an alien, if those particulars are needed in a case concerning a residence permit or for the enforcement of a refusal-of-entry or expulsion order.

If, in a case coming under this, Act, an alien pleads a certificate concerning his mental or physical health, a health and medical care authority shall, when requested to do so by the authority handling the case, furnish particulars which may have a bearing on the assessment of the particulars which the certificate contains.

Statements in cases concerning work permits

Section 7

In the handling of questions concerning work permits and involving aspects of principle or otherwise of major importance, the relevant organizations of employers and employees shall be given the opportunity of a hearing.

Public counsel

Section 8

In matters concerning

1.refusalof entry, albeit not at a police authority, unless the alien has been held in custody under Chapter 6 Section 2 or 3 for more than three days,

2.expulsionunder Chapter 4 Section 3

3.aresidence permit under Chapter 2 Section 5b, if the Aliens Appeals Board has pronounced a decision on stay of enforcement in a case concerning refusal of entry or expulsion,

4.enforcementunder this Act if the alien has been held in custody under Chapter 6 Sections 2 or 3 for more than tree days, or

5.repatriationunder Chapter 12 Section 3,

apublic counsel shall be appointed for the person to whom the measure refers unless it must be assumed that legal counsel is not needed.

A public counsel shall always be appointed for children under 18 who are kept in custody under Chapter 6 Section 3 if the child does not have a custodian in this country.

Section 9

In cases referred to the Government, questions concerning public counsel shall be examined by an official appointed by the Government.

Section 10

Appeals may be lodged with the Aliens Appeals Board against decisions concerning public counsel made by an administrative authority.

Appeals may not be lodged against the Aliens Appeals Board’s decisions concerning public counsel.

Chapter 12.Special authorization

Duties of notification, etc.

Section 1

The Government, over and above the provisions made in this Act, may issue regulations concerning

1.theduty of reporting the residence or employment of aliens inSweden,

2.suchrestrictions on the entitlement of aliens to be employed by a certain enterprise or in enterprises of a certain kind as are necessitated by considerations of national security.

Diplomatic personnel, etc.

Section 2

With regard to diplomatic and salaried consular officials employed by foreign powers inSweden, together with their families and servants, and also with regard to couriers of foreign powers, this Act shall only apply to the extent prescribed by the Government.

In the case of other aliens entitled to privileges under the Immunity and Privileges (Certain Cases) Act (1976:661), the restrictions pursuant to that Act are to be complied with.

Repatriation for care, etc.

Section 3

The Government may issue regulations concerning repatriation of aliens who are not refugees and who have been taken into custody under the Care of Yong Persons (Special Provisions) Act (1990:52), the Compulsory Psychiatric Care (Certain Cases) Act (1991:1128), the Forensic Psychiatric Care Act (1991:1129) or Section 35 of the Care of the Mentally Retarded (Certain Categories) Act (1967:940).

By agreement with another country concerning the treatment of stowaways, the government may prescribe departures from the provisions of this Act and may issue such other regulations as are necessary to the implementation of the agreement.

War and danger of war, etc.

Section 4

The Government may issue regulations which are to apply in war, in the event of danger of war or in such extraordinary conditions as are occasioned by war or the danger of war affecting Sweden, with regard to aliens and their

1.entryand residence inSweden,

2.departurefromSweden,

3.entitlementto employment or public elective appointments in this country,

4.removalfrom the country, and

5.confinementto institutions or camps.

Section 5

A regulation issued pursuant to Section 4, sub-section 4 or 5 in any case other than that ofSwedenbeing at war shall be submitted to theRiksdag(Parliament) for approval within one month of its entering into force.

The regulation shall cease to apply if it has not been submitted to theRiksdagin time or if it is not approved by theRiksdagwithin two months after being submitted for approval.