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Verkställighetshinder i utlänningslagen : En studie om reglering och Migrationsöverdomstolens tillämpning av verkställighetshinder som stadgas i 12 kap. utlänningslagen

  • Al-Ameri, Wahab
  • Al Zaybak, Haitham
Publication Date
Jan 01, 2020
DiVA - Academic Archive On-line
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Some expulsion decisions cannot be executed due to the existence of deportation impediments, which in this case means that foreigners are in a legal limbo in such a way that they have neither the right to stay nor the opportunity to leave Sweden. The regulation of deportation impediments is found in Aliens Act (2005:716), but it is the application of these regulations that determine how specific cases are assessed, why it is highly relevant to study said cases.  The essay deals with political, practical and medical impediments, found in Chapter 12 of the Aliens Act, in order to establish the applicable law, and by analyzing ten court cases from the Migration Court of Appeal, study how the court assesses the Swedish Migration Agency's application of these legal barriers. The provisions being studied are chapter 12 1-3 §§ Aliens Act, concerning political impediments, chapter 12 18 § Aliens Act, concerning practical and medical impediments, and also chapter 12 19 § Aliens act which establishes the possibility of a new trial in a case. The applicable law is established through a legal dogmatic method, and the legal cases from the Migration Court of Appeal are analyzed using a legal sociological method.  The study concludes that political impediments are weighed heaviest in comparison to medical and practical impediments, due to the latter two not being derived from international conventions or instruments as opposed to political impediments. Furthermore, it is easier to present evidence when invoking political impediments, as evidentiary requirements are set lower than those for practical and medical impediments. At the same time the individual has an opportunity to be granted a new trial if he or she invokes a new condition that concerns political impediments, while a new trial cannot be granted if the individual invokes medical or practical impediments. The provisions concerning practical and medical impediments should therefore be developed or amended in such a way that they are adapted to the circumstances that may arise in these cases. It is also concluded that the Swedish Migration Agency's investigation and interpretation of these impediments must be more comprehensive. It must be adapted to the conditions referred to in the case, due to the application of these provisions being complex and requiring the Swedish Migration Agency's staff to be well trained and accurate in each individual case. 

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