A foreign national who does not have the right to stay in Sweden and who is in hiding to avoid enforcement can under certain circumstances be taken into custody. The Swedish Migration Agency is responsible for special detention facilities where such persons are normally placed. If a foreigner has been deported on criminal grounds, he or she may instead be placed in a correctional facility, remand prison or police custody. Similarly, an alien who has not been deported on criminal grounds may be placed in these types of facilities if it is not possible to stay in detention facilities for security reasons or other special reasons. For example, it may be necessary for transport reasons to temporarily place an alien in a correctional facility.
An adult foreigner can be detained under these conditions:
- If the identity of the foreign national is unclear on arrival in Sweden or when applying for a residence permit, and the foreign national cannot prove their identity and right to stay in the country.
- If it is necessary to investigate the foreigner's right to stay in Sweden.
- If it is likely that the foreign national will be refused entry or expelled and there is a risk that he or she will engage in criminal activity in Sweden, deviate from or prevent the enforcement of the decision.
- Om det krävs för att förbereda eller genomföra verkställigheten av ett beslut om avvisning eller utvisning och det finns risk för att utlänningen bedriver brottslig verksamhet i Sverige, avviker eller hindrar verkställigheten.
An adult foreigner may not be detained for more than 48 hours. In addition, an adult alien may not normally be held in detention for more than two weeks unless there are exceptional reasons. If there is a decision on deportation or expulsion, the detention can be extended up to two months, and if necessary, further up to twelve months if there are exceptional reasons or lack of cooperation from the foreigner.
Detention or supervision decisions can be appealed to an immigration court. There is no time limit for appealing the detention decision, which can be done at any time. At Rubinstein & Khoury, we are ready to help you if you are taken into custody and detained.
If you are interested in finding out more about how we can help you, please contact us at Rubinstein & Khoury.
