Sweden is bound by the Dublin III Regulation and applies its provisions directly.

Sweden is bound by the Dublin III Regulation and enforces it directly. Relevant legislative provisions implementing the Dublin III Regulation can also be found in: 

• Aliens Regulation (SFS 2006:97 with further amendments) | Utlänningsförordning (2006:97), (23 February 2006)

• Aliens Act (SFS 2005:716 with further amendments) | Utlänningslag (2005:716), (29 September 2005)

Entity responsible for the Dublin procedure (the application of the criteria and mechanisms for determining the Member State responsible): Dublin Unit of the Swedish Migration Agency | Dublinenheten, Migrationsverket

Place in the institutional framework: Dublin Unit is part of the Swedish Migration Agency

Competencies of the entity (Dublin Unit)

Stakeholders involved in the procedure:

Information on the Dublin procedure (together with general information on the asylum procedure) is provided to the applicant primarily orally by the Swedish Migration Agency (SMA), upon applying for international protection as well as during the Dublin interview.

Basic information about the Dublin procedure is also published on the SMA website and it is available in multiple languages.

NGOs are also involved in giving information to the applicant, for instance the Swedish Network of Refugee Support Groups (FARR), Red Cross, Save the Children and RFSU.

For unaccompanied minors, information is provided through the legal representative/guardian of the child (both orally and in writing).

Legal assistance is provided in Dublin cases for unaccompanied minors. For other applicants (adults), legal assistance can be provided exceptionally, for example to those who have been deemed unable to represent themselves for some reason or if it could be established that the reception conditions in the receiving country are known to be poor and the principles in the European Court of Human Rights (ECtHR)’s rulings in  M.S.S. v Belgium and Greece and Tarakhel v Switzerland apply.

The Dublin Unit primarily investigates whether procedures to another Member State can be carried out. If it is assessed that the case should not be processed in the Dublin procedure, the application should be examined in Sweden. Legal assistance is therefore not provided in that part of the process unless the situation has arisen during an ongoing Dublin procedure or after an acceptance.

At the appeal stage, a request for legal assistance can be made but will not automatically be approved, especially if the court deems that the appeal has no prospects of success.

In a judgment of 19 December 2014, the Migration Court of Appeal clarified that legal assistance as enshrined in Chapter 18 of the Aliens Act is also applicable to Dublin cases, although the assumption is that the need for it is missing in such cases. However, on appeal, legal assistance can be provided if the remedy has prospects of success.

Organisation of the interview: There is a separate Dublin interview conducted by the SMA which normally takes place within 1 week from lodging an application. Dublin interviews are held with all applicants in the Dublin procedure, and it cannot be omitted. The interview does not go into the asylum grounds in any detail, but a brief outline is requested for the reasons to flee. Questions are asked about relatives in other EU countries, previous stays in EU countries, the travel route to Sweden or exit from Dublin territory prior to entry in Sweden, the health condition of the applicant, any objections to being sent to the responsible EU Member State, and attitude towards leaving voluntarily.

Interviews are not recorded. A written summary and a full transcript of the personal interview is made. The applicant and his/her legal advisor have access to the report as soon as possible after the interview.

As of 2018, internal guidelines (available on the official SMA Intranet) are available to improve the quality of the personal interview in Dublin cases. The guidelines describe what the interviewer must have in mind when conducting a personal interview. The case officers conducting the interview can click through themed boxes that give answers and suggestions on relevant questions and explain the purpose of a specific question that they are advised to pose.

Persons present during interview: Interviews are conducted in the presence of an interpreter. Upon request, the interview can also be attended by the applicant’s legal representative. For an unaccompanied minor, the guardian is present and a legal counsel can be appointed.

If Sweden is the Member State responsible, no formal decision is taken and the application for international protection is processed accordingly. 

If the applicant is to be transferred to the responsible Member State, the SMA informs the applicant and their legal representative/counsellor of the decision during an appointment. The decision is written in Swedish and it is communicated to both, the applicant and to legal representative/counsellor (if applicable), in person by the SMA in the presence of an interpreter. The decision includes the country where the applicant will be returned, a final date by which the transfer should be carried out in accordance with the Dublin III Regulation and, as with any administrative decision, instructions on how to appeal the decision.

An applicant must arrive at the place and date indicated by the SMA in order to be transferred. The applicant is brought by the SMA or police official (depending on the modality of the transfer) to the airport or, exceptionally, to the border-crossing point (for transfers to Norway and Finland).

The applicant is encouraged to move to another Member State voluntarily and the majority of people do. In voluntary transfers, the Travel Coordination Unit makes the transfer arrangements (purchasing ticket, booking dates, etc.). However, the Reception/Return Unit at the SMA carries out the transfer on the practical level. If the person refuses to cooperate or they abscond, the police can be requested to get involved. The police are also responsible for handling cases of people transferred to Sweden under the Dublin procedure who hold a return decision. For an escorted transfer, at least two police officers accompany the applicant (more escorts may accompany the trip for larger families).

In general, transfers with a short time limit (e.g. when the applicant is in detention or holds a short-term travel document) and transfers of unaccompanied minors are prioritised. To a large extent, transfers of unaccompanied minors are escorted (except when they are aged 16 years old or older) and have a different processing procedure. The transfer of severely ill persons are handled separately, without direct priority (except for short time limits or short validity of travel documents) and as advanced cases with a long processing time and increased communication between different actors and may involve ambulance flights.

For transfers from other Member States, due to the work schedule of the SMA and the police, arrivals to Sweden are only possible between Monday and Thursday (in Stockholm and Gothenburg, between 8am-2pm and in Malmö, between 9am-2pm). Foreigners transferred to Sweden are referred to reception centre or placed in a detention centre.

There is no specific mechanism in place for the identification of persons with special needs within the Dublin procedure that are not present in other parts of the asylum procedure. The SMA makes a first screening at the beginning of the asylum procedure, however special needs may be raised at any stage of the procedure.

If an applicant is sick and the health conditions put the person at risk during a transfer, a doctor must approve the ability to travel. In general, medical records are translated if the person has special needs (e.g. is disabled). The Member States receiving the request from Sweden will be informed through a notification. The transfer will be also planned to give the receiving country time to prepare.

Assessment of the best interests of the child: There is no specific procedure to assess the best interests of the child in the Dublin procedure. The best interests of the child are taken into account during the entire procedure and explicitly assessed in the transfer decision.

The factors taken into account to assess the best interests of the child are enumerated in Article 6(3). No additional factors are taken into account. The SMA's internal guidelines are followed to assess the factors.

Case officers in Dublin Units have specific training on unaccompanied minors. 

Legal representation for unaccompanied minors: The representative appointed to the unaccompanied minor in the Dublin procedure is the same as the representative within the international protection procedure in general. The representative's views are taken into account when assessing the best interests of the child and he/she takes part in the personal interview. 

Detection of potential family reunification cases: ​​​​​​​There is no particular mechanism to restore family links in the Dublin context beyond the process described in Article 2(7) of the Commission Implementing Regulation (EU) 118/2014. In general, during the initial part of the process, the SMA conducts a more in-depth interview with the unaccompanied minor to ascertain several facts, including information on family members in or outside Sweden, in order to start the process of family tracing and possibly family reunification. The Red Cross can assist in tracing family members but does so only upon a minor's request and never on behalf of the SMA. The SMA does not contact the Red Cross in these matters.