Criticism of the Swedish Migration Agency for the design of a moratorium on decisions concerning asylum applications from citizens of Ukraine, and for failing to comply with a court injunction to decide a matter without delay

Summary of the decision: As a result of Russia’s full-scale invasion of Ukraine in 2022, the Swedish Migration Agency imposed an indefinite moratorium on examining grounds for protection for citizens of Ukraine, as it was not possible to make an adequately safe prognosis of the need for protection. The Parliamentary Ombudsman states that, while it may well be objectively justified for the Swedish Migration Agency to postpone the examination of the need for protection in relation to a given country, special reasons are required. This may be the case when the situation in the country changes suddenly and there is uncertainty as to how long circumstances of significance to the need for protection will persist. It should be stated from the beginning when the moratorium on decisions will cease and it is not acceptable to postpone processing for an indefinite period of time. The Swedish Migration Agency is criticised for failing to place a time limit on the moratorium and because the legal grounds were not sufficiently clearly formulated. The Swedish Migration Agency is also criticised for failing to comply with an injunction from a court to determine an asylum case as quickly as possible.