Hur ser asylrättsprocessen ut i Sverige ?

Sammanfattning: This essay was focused on how Sweden are processing an asylum for refugees. The purpose of this essay was to examine the jurisdictional requirements that needs to be fulfilled to grant someone asylum. Nine verdicts were analyzed as a foundation for the research to understand what criterias a refugee can claim in the trial of an asylum. Throughout this essay, the concept of well-founded fear, persecution, sur place, benefit of the doubt, assessment of credibility and assessment of genuineness was examined to further understand the trial of an asylum within Swedish jurisdiction. It is Migrationsverket, Migrationsdomstolen and Migrationsöverdomstolen whom decides whether a person is classified as a refugee throughout an oral inquiry. The oral inquiry will contain an assessment of credibility and an assessment of genuineness. The process needs to be as detailed and coherent as possible and can’t include any contradictory information. There are four kind of invocations one can claim to apply for an asylum and international protection. The invocations are sexual preference, politics, gender and religion. The result of this essay was based on nine verdicts, three of which will be politically based, three will be based on gender, two will be based on sexual preference and one will be based on religion. The four invocations are based on different kinds of evidential presentation due to the assessment of credibility being applied differently on each invocation. The invocation of gender was the easiest to prove and to appear most credible, meanwhile sexual preference was more difficult, due to the demands of evidential presentation and credibility. Because of the higher demand of evidential presentation in sexual preference there is a rule of relief to lower the standards of demands. Religion was also an invocation that was hard to prove and therefore there are certain tests applied and assessed to ensure the refugees’ knowledge of the religion.