Last update : November 2015

Deportation is the last step in the chain of forceful measures of the state’s border apparatus. There are organizations that actively challenge the deportation machinery, such as AMD “Action against deportation”, by spreading information to the public, putting pressure on companies assisting the procedure and by demonstrations and blockades when in contact with people who are facing deportation.

The Following has been copied from “Good Advise” published by FARR 2015 - PAGE 32-34 [gt]

Deportation and enforcement

The Migration Agency is responsible for making sure that people whose asylum applications have been rejected actually leave Sweden.

Return counselling

After having received a deportation orderyou will be summoned to a meeting withthe reception caseworker at the MigrationAgency. At this meeting you will discuss the return trip to your native country, or to another country that will receive you. TheMigrationAgencyprefers it if you leave Sweden on your own. When it comes to certain countries, it is possible to get financial assistance if you return voluntarily. There are voluntary organizations that work to facilitate returns. This could mean providing services such as finding organizations that could lend you support in your native country or locating relatives. If you do not leave on your own accord the Migration Agency or the police will try to enforce the deportation, but this cannot happen until the decision has gained legal force (that is to say three weeks after the migration court’s decision, unless you appeal). If the Migration Agency suspects that you will attempt to evade into hiding you may be placed under supervision or in detention.

Supervision means that you must report to the police regularly. There are a few examples of people with deportation orders against them having been arrested by police in conjunction with the return counselling session. On the other hand, it is common to view the act of not showing up to the return counselling as a sign of non-[-]cooperation, and this may lead to the case being handed over to the police.

If you do not turn up when the Migration Agency summons you, change your living address without notifying the Migration Agency or refuse to co-[-]operate in some other way, the Migration Agency will hand over the task of enforcing the denial of entry or deportation to the police. This might also happen if, for example, you threaten to hurt yourself or someone else.

If your case is handed over to the police

The Migration Agency can ask the police to help them with specific things such as pickingyou up, or they may hand over the entire case to the police. If your case is handed over to the police they may issue a warrant for your arrest. It is the police’s job to search for you in order to force you to leave the country. In this situation the police are responsible foreverything: the Migration Agency caseworkers are no longer involved in your case. The case cannot be handed over to the Migration Agency again. But it is still the Migration Agency that makes decisions concerning eventual impediments to removal.

How does the police search for people who remain in Sweden without a permit?

The police have the right to control your ID documents if they have reason tobelieve that you are residing in Sweden without a permit. They usually ask for ID during other routine procedures, such as traffic controls or inspections of restaurants. The risk of being caught is large for someone who breaks a rule,such as travelling on public transport without a ticket. If you are apprehended without valid documents the police can place you under supervision, in detentionor in jail while waiting for deportation.

For how long is the deportation decision valid?

The migration court’s decision to deport or deny you entry expires after four years. This is counted from the day when the decision gained legal power – that is to say when it could no longer be appealed.

Can I come back after having been deported?

If you leave Sweden and come back within four years in order to claim asylum your application will be treated according to the rules on impediments to removal, not as a new case. In other words, you cannot re-enter the process from the beginning until four years have passed. The old deportation order still stands and if the Migration Agency considers it to be self-evident that you lack new grounds for asylum the decision can be carried out once again.

Prohibition on return

If your asylum application is rejected and you do not leave Sweden “voluntarily” before the date stated in the rejection, you may be given a prohibition on return. That means you cannot re-[-]enter the Schengen area for a year.

If the Migration Agency suspects that you will not leave Sweden voluntarily, they may issue a prohibition on return right away, with the asylum decision. That may ban you from re-[-]entering Schengen for two years or more – up to five years. That might happen if you have avoided deportation before, said that you will not leave Sweden, not helped the Migration Agency verify your identity, left false statements, omitted information, or committed a crime. If you get a prohibition on return of this kind, you lose the time you otherwise would have had to leave the country by your own accord and must go immediately.

The prohibition on return means that you will be put on the Schengen countries’ barringlist. There is a possibility that you will be given a visa for entering if you are entitled to family reunification. But it will be difficult to get a visa for any other reason. However, you still have the right to apply for asylum if you manage to make it to Europe and are in need of protection.

When a temporary residency permit expires

If you have a temporary residency permit because you have come to Sweden in order to get married or to be with your children, the residency permit will usually be made permanent after two years.

If you have a temporary residency permit because the authorities think that you will beable to return to your native country after a certain period of time, you are considered to have accepted leaving Sweden when the temporary permit expires. If you still wish to stay inSweden you have to re-[-]apply.

If you have a deportation decision that has gained legal power but have later been given a temporary residence permit because the deportation could not be carried out, special rules apply. In this case, the deportation decision is still in place when the temporary permit expires. You cannot re-[-]claim asylum because you have already been given a final rejection. In this situation you can only have the residency permit renewed if you can show that theimpedimentto removal remains or that new impediments have arisen.