Sverige, Dublinreglerna och den asylsökandes rättigheter

Sammanfattning: The first Dublin Regulation was a result of those institutional changes that followed by the Amsterdam Treaty coming into force. The establishment was also a result of the European Council’s conclusions, from their meeting in Tampere in 1999. During the meeting The Council agreed to create a common European asylum system. The Dublin Regulation entered into force in 2003. The purpose of the regulation was to establish criteria and mechanisms for determining the Member State responsible for examining an asylum application, lodged in one of the Member States by a third-country national. The provisions of the regulation were ment to be useful inter alia, in those cases when a third country national crossed the border of the European Union through one Member State, but applied for asylum in another. In those cases, the latter State had to transfer the responsibility for examining the relevant application to the former state (the recipient state). However, a problem arose when there was reason to doubt the recipient state's ability to meet the rights of the asylum seekers. Thus, in those cases the transferring state had to consider whether it would be inconsistent with the principle of non-refoulment and/or the article 3 of the ECHR, to execute the decision to transfer the applicant to the recipient state. In a number of rulings, the Swedish Migration Court of Appeal has had to consider how the rights of asylum seekers are to be met within the application of the Dublin Regulation. Out of these considerations, there is possible to identify a conflict between the rights of asylum seekers and the member states wish to act in a loyal manner towards the common unison regulations. This paper finds that a high degree of disproportions had to exist in the recipient stat’s asylum procedure to justify an exclusion of the provisions in the former Dublin regulation in favour to meet the rights of asylum seekers. It also finds that a substantial responsibility, to clarify that the receiving state's management of asylum cases is poor, is the burden of the asylum seekers. Considering that a new Dublin Regulation came into force in July 2013, this paper also addresses what prospects there are for Sweden to safeguard the rights of asylum seekers when the new regulation is to be applied.