The exception from the requirement to prove one’s identity applies to applicants who have provided
credible information about their identity, and who lack the possibility to obtain acceptable documents
proving their identity. An individual’s identity is considered credible if the applicant has lived in Sweden for
an uninterrupted period of at least eight years, and has had the same identity throughout this period. If the
applicant has changed his or her identity during the time in Sweden, it is more difficult to make an exception
to the proof of identity requirements. Time spent in Sweden with an incorrect identity cannot be counted
towards the period of residence.
Special requirements in regard to establishing the identity of applicants from certain countries
Special requirements relating to identity issues currently exist for (i) Afghans, where passports issued after
April 1992 and identity books (tazkira) are not considered to fulfil the security aspects; (ii) Iraqis, in regard
to whom G and A passports are accepted under certain circumstances, S passports are not accepted,
older passports might be accepted, Proof of Identity Certificates from the Iraqi Embassy in Stockholm are
not accepted, Iraqi ID cards and Iraqi citizenship certificates are not accepted, and an Iraqi military book
might be accepted; (iii) Kosovars, for whom ID cards issued by the United Nations Interim Administration
in Kosovo (UNMIK) after 1 December 2004 are not accepted unless the person in question can provide
more information; (iv) Somalis, for whom passports issued after January 1991 and Somali ID documents
do not fulfil the security requirements; (v) Eritreans, in regard to whom ID cards issued by the temporary
government from 1993 and onwards are not accepted.
For Palestinians, travel documents issued by Lebanon, Iraq, Syria or Egypt are accepted by the SMA as proof
of identity. Passports or ID cards from other countries are not accepted unless the person is well known by
the authorities of the issuing country. Documents that are not accepted include travel documents from the
Palestinian Authority that have been issued for a person who is residing outside the Palestinian Territories
(so called 00 passports), and certificates from the Palestinian Delegation in Stockholm.
Further to the Judicial Position on the migration-related consequences of Sweden’s recognition of Palestine
in March 2015,138 persons who can make it probable that they are registered in the West Bank, Gaza or
East Jerusalem can be registered as citizens of Palestine, and children born to such persons shall also be
registered as citizens of Palestine. Other Palestinians shall be considered stateless, be registered as such,
and have their asylum claim assessed in relation to their former country of habitual residence.
3.3.2.3 ACCESS TO COURTS
Decisions made by the SMA in individual cases on asylum, residence permits, refusal of entry and expulsion
can be appealed to a Migration Court, pursuant to Chapter 14 of the Aliens Act. Decisions of the SMA
in cases concerning the granting of Swedish citizenship can also be appealed to a Migration Court, in
accordance with Section 26 of the Act on Swedish Citizenship. Decisions adopted by the Migration Courts
can be appealed to the Migration Court of Appeal, in accordance with Chapter 16, Section 9 of the Aliens
Act (to which Section 26 of the Act on Swedish Citizenship also refers). However, as the SMA does not
take decisions on an individual’s statelessness as such, there is no possibility of separately appealing an
assessment made by the SMA regarding an applicant’s citizenship status within the context of an individual
application for asylum.
The possibility of appealing decisions made by the SMA to special Migration Courts has only existed since
2006, and the case law on nationality related issues is therefore quite limited.
Decisions made by the Swedish Tax Agency in accordance with the Population Registration Act, can be
appealed to an Administrative Court pursuant to Section 38 of the Population Registration Act. The Swedish
Tax Agency’s determination and registration of a person’s nationality, or lack thereof, can therefore be
appealed.139
42
138
Rättsligt ställningstagande angående de migrationsrättsliga konsekvenserna av Sveriges erkännande av Palestina, SR 11/2015, available
at: http://goo.gl/m81dLx.
139
Confirmed in an email from the Swedish Tax Agency, 25 September 2012.
M A P P I N G S TAT E L E S S N E S S I N S W E D E N