EMN inform on access to remedies for international protection applicants

The comparative report “Access to remedies for international protection applicants” contains information from 22 EMN Member Countries. It covers the period 2018–2024 and describes how these countries organise first instance appeal procedures. Furthermore, the report highlights how national systems in this area have changed in recent years, for example with regard to digitalisation, and presents various examples of challenges and successful working methods within appeal processes. Overall, the report aims to support Member States in the implementation of the Pact on Migration and Asylum. Sweden is currently one of the EMN Countries that does not have a border procedure but is due to introduce one by 2026 at the latest.

Background

Access to effective remedies is central to both EU law and international humanitarian law and ensures that those seeking international protection can appeal decisions in their cases in a fair manner. Given that the number of asylum applications, and consequently related decisions, remains high at the European level and that the new common rules in the Pact on Migration and Asylum will enter into application in the summer of 2026, it is important to streamline, quality-assure and ensure legal certainty within the countries’ appeal procedures.

Some insights from the report, including the situation in Sweden

Among other things, the report establishes that appeal processes in these types of cases vary across the 22 countries – for example, the time limit for lodging an appeal ranges from one week to one month, and appeals can generally be submitted either electronically or in paper format. In Sweden, appeals must be lodged within three weeks of the appellant receiving notification of the decision.

The report also examines how appeals are handled in the various countries, both within the framework of accelerated procedures and where so-called border procedures are implemented. Currently, only France has a clear appeal process for rulings in border procedures. Sweden is currently one of the EMN Countries lacking a border procedure but is set to introduce one by 2026 as part of the implementation of the Pact.

Furthermore, the report shows that the majority of the EMN Countries in question have procedures in which appeals in asylum cases are handled by the general court system, which differs from Sweden, where specific migration courts are responsible.

All EMN Countries in the report offer state-funded legal aid to individuals lodging appeals, albeit with some variations in the conditions and scope of this support. Most of the countries have specific rules for unaccompanied minors and particularly vulnerable groups – both regarding legal representation and the general structure of appeal processes. In Sweden, the processing time for cases involving unaccompanied minors is limited to a maximum of two months.

Challenges and good practices

The report also describes how the national systems in this area have changed in recent years, for example with regard to digitalisation and presents various examples of successful working methods within appeal processes.

Among the challenges identified are capacity constraints within the competent authorities, an increase in the number of appeals and access to legal assistance for those requiring protection.

Overall, the report is intended to support Member States in the ongoing implementation of the Pact on Migration and Asylum. In Sweden’s case, the Swedish Migration Agency and the Courts of Sweden have jointly contributed information to the report.