SYNS VI I SVERIGE?

Sammanfattning

The current thesis is on the rule of law and how the principles of the rule of law are met in the

new Swedish migration process. The migration process has been subjected to criticism during

several years and on different occasions. The migrations process is viewed through a ?rights

of the child? perspective, foremost to seek if the rights of the child are met. The children are a

vulnerable group, not the least in the process of migration. Often tragic and traumatic events

force the child to seek protection or settlement in another country. These children, along with

all children, have certain rights ? through international conventions, national law and ground

principles from the rule of law. Such a right is, among others, the best interest of the child,

which aims to pervade the process as a whole.

The Swedish Migration Board (Migrationsverket) has been criticized for not fully meeting the

standards of the best interest of the child. Investigations taken by the Swedish Migration

Board as a part of the application process are often incomplete. The investigations lack child

specific matters that can be decisive in the oncoming judgment. Other aspects of the process

are the lengthy and time-consuming investigation and administration before judgment as well

as the problem with inadequate identification documents regarding children from Somalia.

The inadequate documentation makes it impossible for the children of Somalia to reunite with

their relatives living in Sweden, due to the legal development.

The migration process is compared with fundamental rule of law principles, in order to

determine whether the process respects these principles or not. The area of migration has its

flaws; no area in the governmental system is perfect. But with the new migration process

there are new possibilities to fully comply with the ground principles of the rule of law and

for the process to be legally certain.