An important right has been greatly weakened for the individual, says Karin Ödquist Drackner, an expert in migration law at the Swedish Red Cross.
At the same time as Sweden adapts its rules to the EU's Migration and Asylum Pact, rules are being introduced for asylum seekers' public counsel.
Previously, an assistant supported asylum seekers throughout the entire processing process at the Swedish Migration Board. Among other things, they reviewed the applicant's asylum story and identified important circumstances. This was free of charge for the asylum seeker.
EU minimum requirements
Under the new rules, the applicant will receive two and, in special cases, three hours of legal advice. The asylum seeker will then have to pay. The lawyer will no longer be allowed to get involved in the individual's case.
You will receive all this information, but you have no one to legally help you deal with the issues, says Karin Ödquist Drackner and continues:
This risks making it more difficult for asylum seekers to express their protection needs.
The rules meet the EU's minimum requirements for legal support for asylum seekers, but nationally it has been limited. The Riksdag approved the proposal in June, when the chairman of the Social Insurance Committee, Viktor Wärnick (M), voted in favor.
Sweden needs to be as close as possible to the minimum requirements of EU law. Sweden should not stand out in any respect that would give us attractive factors, Wärnick tells TT.
SD: Abusing the system
Practicing lawyers state that a public defender has spent an average of 10–13 hours assisting an asylum seeker. The Swedish Bar Association has informed the government that the new changes make it impossible for lawyers to take on these assignments. Several lawyers have already refused new cases at the Migration Board.
If we are not allowed to provide case- and client-specific advice, it has no real meaning, as the process will not be legally secure, says Sait Umdi, lawyer and member of the Swedish Bar Association.
In addition to assistance, an asylum seeker continues to receive information from authorities. Ludvig Aspling (SD), who also voted in favour of the amendment regarding public assistance, believes that assistance is not needed.
All this is completely unnecessary, the Migration Board has its own investigative duty. What these lawyers are doing is guiding how to abuse the system, says Aspling.
Facts: New rules for public counsel in asylum processes
On July 12, new rules will be introduced regarding the right to public assistance in the processing of cases regarding international protection at the Swedish Migration Board.
This limits asylum seekers' right to free public assistance.
The change takes place in connection with the extensive Swedish adaptation to the EU's Migration and Asylum Pact.
The rules of the pact came into effect on June 12, but at that time Sweden did not have any national legislation in place, as the rules were only voted through on June 9.
The new Swedish rules will mean that an asylum seeker can receive two, and in certain special cases three, hours of general advice at the beginning of the asylum process. After that, the person will have to pay for it themselves.
When an asylum decision is appealed, it becomes necessary to have a lawyer for the applicant again.
Previously, there has been no time limit, but the average time an asylum seeker has received support from a public defender has been around 10–13 hours per person.
Source: Parliament website, Swedish Bar Association.
