Published 5 April 2023 at 08.02
Law & Right. The Migration Agency, the Courts Agency and three administrative courts are asking for exemptions from the Administrative Law. This is in order to more quickly manage to hand out new citizenships and work permits to immigrants.
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– We see that the examination of delay cases takes too many resources from the the usual test. This leads to longer processing times, which defeats the very purpose of the regulation, says Migration Agency director general Mikael Ribbenvik.
The Migration Agency, the Judicial Agency and the administrative courts in Stockholm, Gothenburg and Malmö have proposed in a letter that the government should make exceptions for 18 months from the possibility of the delay action according to the administrative law.
The proposal applies to labor market and citizenship cases and the aim is to create a break in order to be able to shorten processing times and reduce balances.
Despite extensive measures to shorten processing times in work permits and citizenship, the average times according to the Swedish Migration Agency are too long. According to the authority, a growing number of applications for both work permits and citizenship as well as delay claims mean that resources cannot currently be used effectively.
– The fact that many individuals request that their cases be settled takes a lot of resources and leads to processing times generally becoming longer – not least as many delay cases are appealed to the courts, says Mikael Ribbenvik.
The authorities believe that an exception from Section 12 of the Administration Act during a transition period would give them the opportunity to decide cases that are in balance and in the long run achieve regulation-controlled processing times. In the letter, it is proposed that the government make the change through an ordinance that provides an exception to the provision in section 12 of the Administration Act. It is clear from the Administration Act (Section 4) compared to the form of government (Chapter 8, Section 7, second paragraph) that the government can make such an exception.
The possibility of delay action was introduced in the summer of 2018 to make it possible for individuals to speed up the decision in administrative cases that have dragged on for an unreasonably long time.
– We already pointed out in our referral that this could lead to the opposite – i.e. longer processing times because our employees have to spend time trying delay cases instead of to examine applications for work permits and citizenship in substance, says Mikael Ribbenvik in a statement.
The authorities write that “the provision on delay claims does not appear to be intended to be used for the type of bulk cases that are cases of work permits and citizenship. The provision is intended for more complicated matters where the processing time takes longer, for example tax matters.”