Statement due to the Swedish Migration Agency searching accommodation in a reception centre for asylum seekers in the absence of the resident

Summary of the decision: Staff of the Swedish Migration Agency searched the accommodation of a third-country national at one of the agency’s reception centres for asylum seekers on three occasions in their absence and without their knowledge. The purpose of the searches was to ascertain whether the third-country national was still living in the accommodation.

According to the Parliamentary Ombudsman, it is open to question whether the Swedish Migration Agency had legal grounds for conducting the first two searches; however, there may have been legal grounds for the third search as this was conducted after the provision in Section 19 c of the Act (1994:137) concerning the Reception of Asylum Seekers etc. entered into effect. That said, given the shortcomings in the investigation presented by the agency, the Parliamentary Ombudsman is unable to comment on this in more detail.

Moreover, the statement submitted to the Parliamentary Ombudsman by the Swedish Migration Agency could be understood to mean that, in interpreting its right to search accommodation in reception centres, the agency has failed to fully consider the implications of the aforementioned legislative amendment and its legislative history. The Parliamentary Ombudsman assumes that this issue will be revisited within the agency.