Oxford Monitor of Forced Migration Vol. 7 No. 2
will have on refugees’ ability to acquire citizenship if they are unable to acquire a permanent
residence permit though have met the residency requirement.
The temporary asylum law could put citizenship further out of reach for refugees granted this
temporary status, eroding the usefulness of Section 11 of the Act on Swedish Citizenship which
saw many refugees (stateless or otherwise) naturalised after four years (Regeringskansliet, 2006).
Those with temporary residence permits now have certain criteria to meet to secure permanent
residence, including self-sufficiency or educational attainment (Migrationsverket, 2016d). This has
effectively introduced new naturalisation criteria specifically targeted at refugees who were issued
residency after the 20th of July 2016.
This shift to more restrictive access to citizenship is not a breach of Sweden’s international
obligations, as there remains facilitated access to citizenship for stateless persons and refugees if
they hold a permanent residence permit. 15 Despite this, if the temporary asylum laws are not
managed carefully and with sensitivity to the reality that some of those with this status are stateless,
these new barriers could lead to some refugees being in a prolonged, or possibly indefinite stateless
situation in Sweden.
The Temporary Asylum Law and Cessation of Refugee Status
While previously all refugees received permanent residence, now the authorities will have to begin
to consider cessation of refugee status for some of those with temporary residence. This introduces
new challenges. The first is ensuring that this procedure is conducted in line with the demands of
the cessation provisions for stateless refugees in the 1951 Convention given the lack of law or
policy to accurate and transparently identify the statelessness of refugees. Second, the wording of
the SMA policy position on the extension of temporary protection only notes that an extension will
be granted if there is continued ‘grounds for protection’ (Migrationsverket, 2016d). However, the
authorities must also consider stateless refugees’ ability to return to their country of previous
habitual residence if Sweden is to meet its obligations under the 1951 Convention. In addition, if
they do not consider the ability to return, then they will be faced with the situation of stateless
refugees losing their refugee status though being undeportable as there is no country to which they
can return.
A recent and comprehensive assessment of Swedish law, policy and case law by Lundberg and
Tunbjer on (un)deportability of stateless people, amongst others, is a very useful resource (see
Staten’s Offentliga Utredningar, 2017). The assessment shows that there is a lack of consideration
of Sweden’s obligations under the 1954 Convention to grant a residency status to these people as
well as UNHCR’s (2014) guidance on the conditions under which the deportation of stateless
people can occur. This case law is extremely enlightening as, if the cessation of refugee status for
those with temporary residence is not managed carefully, stateless refugees could be left in legal
and administrative limbo, with no status, being unable to return to their country of previous habitual
15
Article 32 of the 1954 Convention and Article 34 of the 1951 Convention mirror each other when they note
that, ‘The Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless
persons [refugees]. They shall, in particular, make every effort to expedite naturalization proceedings and to
reduce as far as possible the charges and costs of such proceedings’. (UN General Assembly, 1954: Article. 32;
UN General Assembly, 1951: Article.32).
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