The table above does not provide a breakdown between returns of rejected asylum-seekers, and returns of
persons whose previous residence permits have expired and not been renewed. However, according to the
estimation of the SMA, the majority of the returns indicated in the table concern rejected asylum-seekers.
Also, Table 7 above does not specify which returns were implemented pursuant to the Dublin III Regulation,
though it can be assumed that this was the case for the majority of returns that took place to the European
countries party to the Regulation.
Apart from returns to Dublin countries, the majority of returns of stateless persons during 2015 took place to
Lebanon (24 voluntary and 4 forcibly), followed by Jordan (13 voluntary and 9 forcibly), Turkey (14 voluntary
and 1 forcibly), Palestine (5 voluntary and 2 forcibly), and Ukraine (8 voluntary).
Table 7 above uses “home country/third country” as the heading for the columns listing the countries to
which the returns have taken place, even though, in the case of stateless persons, the third country may
be the person’s country of former habitual residence or another country he or she has links to. While this
heading makes sense in statistical overviews concerning the return of persons with a nationality, this is not
always the case in regard to stateless persons. In this context, it should be noted that in asylum decisions,
the country of habitual residence of a stateless person used to be referred to as a home country.155 However,
through Judicial Positions adopted by the SMA in 2016,156 it has been clarified how to determine which
country, or countries, against which a stateless applicant’s protection needs should be assessed. This
development should probably lead to a corresponding change in the statistical reporting on the return of
stateless persons.
Moreover, as of 31 December 2015, there were 382 stateless persons and 165 persons with “unknown”
nationality who were pending return; out of these, 113 were pending return under the Dublin III Regulation,
while the other 434 were pending return to various destinations.157
According to the SMA, voluntary return of Palestinians to Lebanon and to the Palestinian Territories generally
functions well in practice. Challenges often relate to long processing times to obtain travel documents;
however, if identity documents are available, then travel documents are usually issued by the embassy or
consulate of the country of return. On the other hand, both voluntary return and return by force to other
countries in the Middle East, North Africa and the Gulf States are difficult to implement. Difficulties are
related to these countries’ unwillingness to re-admit persons and to issue travel documents, regardless
of what kind of identity documents the individual holds. In addition to a valid travel document, an entry
or residence permit is often also required. Particular challenges are experienced in regard to the return of
stateless Bidoons from Kuwait, as Kuwait does not recognize them as nationals and is therefore unwilling to
re-admit, regardless of whether the individual holds a valid identity documents and proof that he or she has
resided in Kuwait for a long time.158
Due to the absence of a statelessness determination procedure, to which “unreturnable” persons, including
rejected asylum-seekers, could be referred, there is a risk that among those returned, or awaiting return, are
individuals qualifying for the status of stateless persons.
155
Based on the discussions with the SMA and the review of selected asylum decisions concerning stateless persons.
156
Rättsligt ställningstagande angående utredning och prövning av identitet och medborgarskap samt hemvist och vanlig vistelseort i
asylärenden, RCI 07/2016, 24 March 2016, available at: http://goo.gl/WZOtVZ, and Rättsligt ställningstagande angående begreppet
vanlig vistelseort, RCI 14/2016, 8 June 2016, available at: http://goo.gl/uGq1Gt.
157
Email from SMA, 30 September 2016. However, it was not possible for the SMA statistical unit to provide information about the
countries to which these individuals were awaiting return.
158
Email from the SMA, 20 September 2012.
UNHCR STOCKHOLM, 2016
47