Sweden: 96% of LGBTQI+ asylum seekers in Sweden rejected, violating legal protections

Migration authorities are rejecting and deporting LGBTQI+ asylum seekers in violation of Swedish and international law. This is revealed by an extensive report by RFSL. “A legal scandal that continues in silence, behind confidentiality and secrecy,” says Aino Gröndahl, asylum law specialist at RFSL.

Despite the Swedish Migration Agency having taken several actions since RFSL’s last legal investigation in 2020, the situation for LGBTQI+ individuals seeking asylum in Sweden has not improved. A staggering 96 percent of the decisions and judgments reviewed in the new investigation were rejections, a higher percentage than the data RFSL’s asylum law specialist reviewed in 2020. The latest report also shows that illegal demands in SOGIESC asylum cases persist. This results in LGBTQI+ asylum seekers, who are entitled to protection in Sweden, being deported to countries where they risk persecution, torture, and the death penalty.

“Sweden continues to deport LGBTQI+ individuals on illegal grounds. It is a legal scandal that occurs in silence, behind confidentiality and secrecy. A shame for a country that claims to be a rule-of-law state,” says Aino Gröndahl, asylum lawyer at RFSL.

Stop the deportations of asylum-seeking LGBTQI+ individuals if safe and fair assessments cannot be guaranteed

RFSL is now calling for a decision and enforcement halt until safe and fair investigations, reviews, and assessments consistent with current law are guaranteed in SOGIESC asylum cases.

“The government must now ensure that the asylum process for LGBTQI+ individuals follows Swedish and international law. Until then, RFSL wants all illegal rejections and deportations of LGBTQI+ individuals to be stopped,” says Peter Sidlund Ponkala, Chairman of RFSL.

Summary of the Report

In the report “Rejection motivations in SOGIESC asylum cases in Sweden” RFSL has reviewed the Migration Agency’s assessments. This involves 1,360 decisions and judgments in SOGIESC asylum cases between November 2020 and May 2023. The report is authored by Aino Gröndahl, asylum lawyer at RFSL.

The report shows that:

• The Migration Agency assessments of SOGIESC asylum cases violate Swedish and international law.
• The Migration Agency continues to reject and deport asylum seekers on illegal grounds to countries that persecute and also apply the death penalty to LGBTQI+ individuals.
• A full 96 percent of the decisions and judgments reviewed in the new report were rejections. This is a higher percentage than in the data RFSL’s asylum law specialist reviewed in 2020.
• The right to an individual review and objective assessment is not met in SOGIESC asylum cases.
• Discretionary requirements still occur, meaning that asylum seekers are required to have hidden their SOGIESC status in their home country to avoid persecution. This is despite discretion requirements having been prohibited in Swedish law for nearly two decades and in international law for over a decade.
• Requirements for internal emotional processes and risk considerations in credibility and reliability assessments are solely based on stereotypes and prejudices about SOGIESC individuals. This violates, among other things, EU law and UNHCR guidelines.
• The Migration Agency often demands that SOGIESC asylum seekers display negative emotions such as shame. This means that Swedish authorities condition the right to protection on LGBTQI+ individuals showing self-hatred to appear credible.

RFSL’s recommendations to the government

• Halt decision-making and deportations until safe and fair investigations, reviews, and assessments consistent with current law are guaranteed in SOGIESC asylum cases.
• Promptly appoint the investigation promised in the Tidö Agreement to review the legal safety in SOGIESC asylum cases.
• Provide clear instructions and requirements to the Migration Agency for quality assurance in the investigation, review, and assessment of SOGIESC asylum cases.
• Task the Migration Agency with continuously training all operational staff in the investigation, review, and assessment of protection needs based on sexual orientation, gender identity, and gender expression.
• Task the Migration Agency with compiling statistics on SOGIESC asylum cases and the grounds on which an asylum case should be granted or rejected.