TD and MQ v Swedish Migration Board (Migrationsverket)
SE: Migration Court of Appeal refers a case back to the Migration Board for omission to appoint a legal counsel for children
Following an expulsion decision of 17 October 2018, the applicants, two children, returned to their home country but came back in Sweden in 2020 and unsuccessfully applied for asylum. The Migration Board examined their applications under Chapter 12 of the Aliens Act, Enforcement of refusal-of-entry and expulsion orders. TD and MQ appealed against the negative decision and requested a re-examination of their case and invoked asignificant procedural error, precisely that the Migration Board did not appoint ex-officio a public counsel for them. According to Chapter 18, Section 1a, second paragraph of the Aliens Act, a public counsel must always be appointed in cases concerning appeals against a decision under Chapter 12, Section 19 of the Aliens Act. Their appeal was rejected by decision of the Administrative Court of Stockholm, Migration Court and the case was brought to the Migration Court of Appeal.
On 3 September 2020, at the request of TD and MQ, the Migration Court of Appeal appointed a public counsel for them.
The Migration Court of Appeal admitted the appeal and noted that the Migration Court ruled without TD and MQ having had the legal assistance they were legally entitled to. For this reason, the Migration Court of Appeal annulled the lower court decision and referred the case back to the Migration Board for re-examination.
Asylum Procedures/Special Procedures; Legal Aid; Unaccompanied minors; Vulnerable Group;
Swedish Court of Justice Database of Guiding Decisions (Domstolsverket)
Sweden, Migration Court of Appeal [Migrationsöverdomstolen] , TD and MQ v Swedish Migration Board (Migrationsverket), UM8855-20, 10 December 2020. Link redirects to the English summary in the EASO Case Law Database.