Sweden's Asylum Process Overhaul: "The State Has Suddenly Decided Some People Don't Exist"

Sweden is implementing a significant shift in its asylum process, driven by the EU's new asylum pact, which officially takes effect across the bloc on June 12. While Sweden's specific regulations are still being finalized, the new rules are slated to be applied from June 12, creating uncertainty about their immediate implementation.

A core element of the revised system involves screening all asylum applicants into two groups. Those who do not appear to meet asylum criteria in a rapid screening will be placed in a "border procedure." Here, a new concept, the "legal fiction of non-entry," will be applied. This legal construct means individuals in this procedure are considered to be outside Swedish territory, despite their physical presence.

This legal fiction allows for restrictions that would otherwise be impermissible. For instance, individuals in border procedures may be confined to designated accommodation centers. Failure to check in at scheduled times could lead to their asylum application being considered withdrawn. Furthermore, Sweden has reportedly omitted the planned "monitoring mechanism" intended to ensure human rights compliance within these centers.

Jurist Silas Aliki, writing for Dagens Nyheter, argues that this new framework risks violating human rights and fracturing the social contract. He criticizes the potential for arbitrary punishments and questions the state's role, contrasting a protective parent figure with a manipulative one. The right to legal counsel throughout the asylum process is also expected to be removed.

The changes are part of a broader legislative package approved by the Swedish parliament, aiming to align with the EU's asylum pact. The author expresses concern that these measures could create a system where individuals physically present in Sweden are legally deemed non-existent, opening the door to potential abuses and a breakdown in fundamental rights protections.