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You have the right to apply for asylum if you are in fear of persecution on the grounds of your sexual orientation, your gender identity, or your gender expression, among other things.

Persecution may come from the authorities or other groups or persons in your home country. In Sweden, you can apply for asylum at the Migration Agency or at the national border. Your case will then be assessed individually.

During the registration, there will be a short conversation with you where you will also have to give your fingerprint (if you are older than 14) and have your photograph taken.

As an asylum seeker, you have a responsibility to show your need for protection and how the situation in your home country affects you. The Migration Agency will ask questions about your identity and you have to explain why you are applying for asylum and what has happened to you. If it is difficult for you to talk about it, you can ask for a break, but at the same time, it is important that you tell the Migration Agency about your situation. It is important that you talk about your situation as an LGBTQ person in your country as soon as possible, and how it is connected to the treatment you have suffered from or risk suffering from if you go back. The Migration Agency has a duty of confidentiality, this means that they must not tell anyone else who you are or the reason for your asylum application.

 

If you think you have been treated badly by a Migration Agency employee, you can contact the Applicants’ ombudsman, Marina Bengtsson.

 

To support you in the asylum process, you may be given a public counsel who is a lawyer from the Migration Agency. If you want a different, specific lawyer, you must tell the Migration Agency about this at an early stage. Not all lawyers have LGBTQ competence, this could damage your asylum investigation.

 

Contact us if you want advice about lawyers with LGBTQ competence.
You can tell us if you want to have a case officer, interpreter, or public counsel of a certain gender if it makes you feel safe.

 

 

The Dublin Procedure

Once your asylum application has been registered, the Migration Agency will check to see if a country other than Sweden is responsible for handling your asylum application. For example, if you already have a residence permit or have applied for asylum in another EU country, or if you have arrived alone and had family members in another EU country. This is determined by the Dublin Regulation. You can read more about it here.

 

Investigation

If Sweden is responsible for your asylum application, there will be an oral investigation in due course. This is longer than the conversation when you registered, and you will be there with your case officer from the Migration Agency, your public counsel, and an interpreter. At this meeting, you will have to talk about your case and provide evidence for it. Sometimes you may be invited to a supplementary investigation meeting.

 

Burden of proof

In Sweden, the asylum applicant has the burden of proof. This means that you must show evidence to the Migration Agency that you have reasons for asylum and that you are the person you say you are. For example, if you do not have ID documents that can prove this, the Migration Agency may inform you that you have the right to undergo a medical age assessment.

 

Decision

If the Migration Agency decides that you have been granted a residence permit, you can live in Sweden. If, on the other hand, your asylum application is refused, you have the right to appeal in a Migration Court. If your application is refused, you can also appeal to the Migration Court of Appeal, but this court does not consider all cases. Talk to your public counsel if you have received a refusal and want to appeal.

 

Sweden has signed the UN Convention on the Rights of the Child. For persons under the age of 18, this means that consideration must be given to various things, including your best interests, health, and development.

 


Source: LSU – Your organizations in Sweden, guidance for those who want to start working with newly arrived young people and asylum applicants.
 www.migrationsverket.se, www.rfsl.se