Under the reform, a new ground for issuing a
residence permit will be introduced. Thus, when an
international body with competence to examine
individual complaints has concluded that a decision
to refuse an alien entry, or to expel/deport an alien, is
in breach of Sweden’s treaty obligations, the alien in
question shall be given a residence permit unless
there are extraordinary reasons against such measure.
No application on the part of the alien will be needed.
Within the framework of the European Union, the
Commission has proposed the adoption of a directive
on minimum standards when it comes to the
procedure for granting or revoking asylum status.
For this reason, the Government decided on
11 August 2005 that an expert is to be appointed by
the Minister for Asylum Policy and Migration with
the mandate to examine how the directive may be
implemented in Sweden. In the Government’s
opinion, security cases may not be put on an entirely
equal footing with asylum cases in general. This
viewpoint is also expressed in the draft directive’s
preamble. However, the draft directive includes no
particular operative provisions with regard to security
cases. It is therefore necessary to look into how a
special procedure for the handling of security cases
may be established within the framework of the draft
directive.
Activities within the Council of Europe
Against the events of 11 September 2001, a set of
Guidelines on Human Rights and the Fight against
Terrorism was adopted by the Council of Europe in
July 2002. It was followed this year by a set of
Guidelines on the Protection of Victims of Terrorist
Acts. Following a meeting of the Council of Europe
in June 2005, Sweden proposed to initiate the
elaboration of a non-binding instrument
circumscribing the use of diplomatic assurances in
aliens’ cases. It was stressed that such a document
was not to be given the same status as the two already
existing sets of Council of Europe guidelines in this
field since diplomatic assurances should be a rare
phenomenon and be resorted to - if at all - only in
exceptional circumstances and when they could be
expected to have the intended effect. The suggestion
was accepted and a meeting for this purpose was
scheduled for December 2005.
112
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