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Har jag rätt? : En rättsdogmatisk analys av Migrationsverkets beslut av afghanska kvinnors asylansökan på grund av könsbaserad förföljelse / Do/Am I (have) right(s) : A legal dogmatic analysis of the Swedish Migration Agency's decisions for Afghan women applying for asylum based on gender-based persecution in Sweden

Authors
  • Edström, Emma
Publication Date
Jan 01, 2022
Source
DiVA - Academic Archive On-line
Keywords
Language
Swedish
License
Green
External links

Abstract

Migration in general and the assessment of the need of protection concerning people from Afghanistan in particular, has in recent years risen on the migration agenda, especially after the Taliban regime's expanded control in the country. This thesis aims to investigate what guidelines that are in place for assessing female Afghan asylum seekers who applies for asylum in Sweden based on gender related persecution. Through a legal dogmatic analysis, three determinations from the Swedish Migration Agency and three determinations from three of Sweden's migration courts have been examined. The purpose has been to examine the guidelines of the determinations, analyze the values applied by the Swedish Migration Agency and the Migration Courts in the determinations, and whether the current application of the law is legally secure based on Frändberg and Von Essen's definition of legal security. The results show that there are shortcomings in the Swedish Migration Agency's as well as the Migration Courts' assessments, which is consistent with previous research. The results as well as previous research shows knowledge gaps about what requirements that should be expected from the applicants in terms of reliability, credibility, and evidence.

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