SYNS VI I SVERIGE? : En rättssäkerhetsstudie om barn i migrationsprocessen

Sammanfattning: The current thesis is on the rule of law and how the principles of the rule of law are met in the new Swedish migration process. The migration process has been subjected to criticism during several years and on different occasions. The migrations process is viewed through a “rights of the child” perspective, foremost to seek if the rights of the child are met. The children are a vulnerable group, not the least in the process of migration. Often tragic and traumatic events force the child to seek protection or settlement in another country. These children, along with all children, have certain rights – through international conventions, national law and ground principles from the rule of law. Such a right is, among others, the best interest of the child, which aims to pervade the process as a whole. The Swedish Migration Board (Migrationsverket) has been criticized for not fully meeting the standards of the best interest of the child. Investigations taken by the Swedish Migration Board as a part of the application process are often incomplete. The investigations lack child specific matters that can be decisive in the oncoming judgment. Other aspects of the process are the lengthy and time-consuming investigation and administration before judgment as well as the problem with inadequate identification documents regarding children from Somalia. The inadequate documentation makes it impossible for the children of Somalia to reunite with their relatives living in Sweden, due to the legal development. The migration process is compared with fundamental rule of law principles, in order to determine whether the process respects these principles or not. The area of migration has its flaws; no area in the governmental system is perfect. But with the new migration process there are new possibilities to fully comply with the ground principles of the rule of law and for the process to be legally certain.