Oxford Monitor of Forced Migration Vol. 7 No. 2
residence and seeing very restricted access to social welfare and assistance (see Statens Offentliga
Utredningar, 2017). This uncertain status, which UNHCR warns against, and the consequences of
this, can be understood by referring to the literature on those who fall into the deportation gap in
Sweden, unable to stay, but with the authorities not being able to enforce the deportation order
(DeBono et al, 2015). The number of those in this deportation gap could increase dramatically if
the statelessness of refugees is not identified and the cessation provisions of the 1951 Convention
not followed.
Summary
A significant number of gaps that can result in some stateless refugees remaining indefinitely
stateless in Sweden have been identified. These gaps have been widened with the adoption of the
temporary asylum law. The discourse of the SMA surrounding the temporary asylum law is that it
aims to restrict access to citizenship for newly arrived refugees. Legally, there remains a lack of
clarity on the actual impacts of this in terms of access to citizenship. One particular area that
requires further research is the issue of what constitutes a person permanently legally residing, and
if a refugee who holds a temporary residence permit can naturalise after four years if they meet
the hemvist principle. What is clear is that the impact of the temporary asylum law, which
introduces the possibility of cessation of refugee status, when combined with the lack of
statelessness determination procedure, means that Sweden will not be able to ensure that they are
not contravening their obligations under the 1951 Convention when they assess the extension of
protection for stateless refugees.
This is not the first time Sweden has introduced temporary asylum laws which saw the granting of
temporary residence to refugees. Due to the large number of asylum seekers entering Sweden after
the dissolution of the Soviet Union and wars in Bosnia-Herzegovina, Kosovo and the Middle East
between 1989 and 1993, temporary asylum laws were put in place (Westin, 2006). Though, in June
1993 the government granted 40,000 Bosnian refugees permission to remain permanently in
Sweden (Appelqvist, 2000: 89), thus reversing the temporary asylum policies and once again
opening the pathway to Swedish citizenship.
This U-turn in policy meant that issues related to cessation of refugee status for stateless refugees
with temporary residence were avoided. It is too soon to tell what direction Sweden will take, either
concretising the temporary asylum law (or aspects of it) or reversing them as they have done in the
past. Either way, the debate about whether to do so must include the acknowledgment that Sweden
has specific obligations under the 1951 Convention with regard to the cessation of refugee status
for stateless refugees. The temporary asylum laws have raised new challenges in this regard and
have highlighted that there are substantial gaps in the law and policy on the identification,
assessment, and recording of the statelessness of refugees in Sweden.
Jason Tucker is a post-doctoral researcher at Malmö Institute of Migration, Diversity, and
Welfare (MIM), Malmö University, Sweden. He was awarded his PhD from the University of Bath
in 2014. His main area of research is on the nexus between statelessness and forced migration.
He is currently undertaking a project on the indefinite statelessness of some stateless refugees
in Sweden and Denmark, as well as exploring the framing of stateless refugees under
international law. Jason teaches on asylum and refugee law, migration and citizenship and
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