Ministry of Justice Sweden Government Offices of Sweden Ministry of Justice Sweden Government Offices of Sweden CEAS, a judicial reality or actual practice? Qualification Directive – Sweden

Ministry of Justice Sweden Government Offices of Sweden What has been the importance of the Directive? To have the Common European Asylum System in place is a Swedish priority. The Qualifications Directive is a step towards strengthening international protection in the European Union (EU) and reducing differences between Member States. Increased focus on the criteria for identifying persons in need of protection in the Member States. Increased focus on benefits for persons granted international protection in the EU.

Ministry of Justice Sweden Government Offices of Sweden What has the Directive changed for the Swedish asylum system? Introduction of refugee status and subsidiary protection status in the Swedish Alien’s Act in order to adapt to the structure of the Directive. (Previously could apply for a declaration that you are a refugee, but was not automatically granted). Two – instead of one – categories of subsidiary protection were established; subsidiary protection according to the Directive and persons otherwise in need of protection (already existing national protection category). Protection standards were not lowered. New rules in the Swedish Alien’s Act on exclusion from refugee status and subsidiary protection status (grounds for exclusion was previously considered in relation to the granting of a residence permit). Introduction of rules not to grant residence permit and refugee status in specific situations (e.g. when the person is a danger to the security of the State).

Ministry of Justice Sweden Government Offices of Sweden What shall be changed in the future? Still under consideration. The Swedish system is already today in line with the recast Directive regarding most provisions. The provision on actors of protection is explicitly exhaustive in the recast of the Directive, which might bring about minor adjustments to the Swedish Alien’s Act clarifying this. Exceptions from cessation are now explicitly mentioned in the Directive. Although Swedish practice is in accordance with the Directive, it might be considered appropriate to regulate this in the Swedish Alien’s Act. The extended right of beneficiaries of subsidiary protection status to receive a travel document are likely to lead to amendments of the Swedish legislation on travel documents. With regard to other rights for beneficiaries of subsidiary protection (such as health care), the existing Swedish legislation already provides for the same rights and benefits to refugees and beneficiaries of subsidiary protection.

Ministry of Justice Sweden Government Offices of Sweden Has the Directive served its purpose in the light of the CEAS objectives? The Qualification Directive is an important step towards harmonisation, being one of the corner stones of the CEAS. Work still remains in order to achieve a CEAS in practice. The EU asylum legislation, both the existing legislation and the recasts, must be implemented correctly by all Member States. Practice among Member States – including eligibility criteria for international protection – needs to be further harmonised.

Ministry of Justice Sweden Government Offices of Sweden THANK YOU FOR YOUR ATTENTION!