The workshop The deportation gap in Sweden: A position of “neither here nor there” at the IMER-conference 2017, is hosted by researchers Anna Lundberg and Jason Tucker from MIM at Malmö University and invites scholars working on this theme.
It aims to explore what is referred to as the deportation gap in Sweden, i.e. non-removable persons, and its connection to statelessness. We invite participants from different scientific fields with an interest to explore this deportation gap from different angles.
Instances of non-deportability arise in or after the asylum process, and the (insufficient/ineffective) law and policy related to it is an under-researched field. A current legal study – undertaken by Anna Lundberg on behalf of the Swedish Department of Justice – of these “Limbo Cases”, shows that these cases of rejected asylum-seekers are often left in a limbo-situation due to impediments to enforcement which has occurred due to no fault on behalf of the individual’s concerned. It is this legal position and related issues of regularization, paths to social rights and more, which is our focus for the workshop.
While legislative change is greatly needed and would mean limbo cases could be avoided, or quickly resolved, this workshop also explores the origins of this limbo state for some failed asylum seekers. Jason Tucker will discuss this in light of his research on the assessment of nationality or statelessness during the Swedish asylum procedure.
The lack of law, policy and guidance on how this assessment is to take place, leaves room for incorrect assessments and some asylum seekers being classified as having ‘unknown citizenship’ Okänt medborgarskap or ‘citizenship under investigation’ Under utredning. These legal categories, which have yet to be defined in law or policy, can prove hugely problematic for persons in limbo, as can an incorrect assessment of nationality.
As such, the need to develop a dedicated statelessness determination procedure is considered in relation to bridging some of the deportation gap in Sweden, as well as the new dangers posed as a consequence of the Temporary Asylum Law in 2016.
Anna Lundberg – Senior lecturer in Human Rights at Global Political Studies and a member of Malmö Institute for Studies of Migration, Diversity and Welfare (MIM), Malmö University
Jason Tucker – Postdoctoral researcher at Global Political Studies and a member of Malmö Institute for Studies of Migration, Diversity and Welfare (MIM), Malmö University