Appeal decisions from Migrationsdomstolen to the European Court of Human Rights?

Question

Hi ! Can i överklaga to European court farm Migration Domstol ?

Regards

Answer 1

Hi and thank you for turning to Lawline with your question!

A decision from "Migrationsdomstolen" (Migration court) can be appealed to "Migrationsöverdomstolen" (the Migration Court of Appeal). Migrationsöverdomstolen does not consider all cases, to have your judgement considered you need to a have what is called a "leave to appeal". The decisions from Migrationsöverdomstolen cannot be appealed.

However, there is a possibility to apply to the European Court of Human Rights if your rights due to the European Convention on Human Rights (ECHR) have been violated. Before you can apply to the court all domestic remedies must have been exhausted. This means that your case must have been appealed to Migrationsöverdomstolen before you can turn to the European court. It is not possible to appeal to the European court of Human Rights directly from Migrationsdomstolen.

If the European court of Human Rights decides to consider your case it still cannot change the outcome. The court can only state that Sweden has violated the Convention and make the state pay compensation to the applicant.

Sincerely