Second citizenship does not bar Ukrainians from Swedish protection

Ukrainians who qualify for temporary protection in Sweden cannot be excluded simply because they also hold citizenship of another non-EU country, the Migration Court of Appeal has ruled.

The judgment, delivered on 16 October and announced by the court on Wednesday, concerns a Ukrainian-Canadian man whose application to extend his permit was refused by Migrationsverket.

The agency argued that he could return to Canada and that protection from a person’s own country should take precedence over international protection.

The court rejected that argument. He was Ukrainian, had lived in Ukraine before 24 February 2022 and had been displaced after that date. He therefore fell within the group covered by the EU decision introducing temporary protection.

Neither that decision nor the Temporary Protection Directive excludes someone in that group because they also have another third-country citizenship, the judges found.

The ruling leaves the residence and displacement requirements in place. It does not say that every dual national qualifies regardless of their circumstances.

The court dismissed Migrationsverket’s appeal, leaving intact the lower court’s decision to overturn the refusal and send the case back to the agency. It announced no new application deadline.

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