Lack of Vandel Basis For Expulsion

In November 2023, within the framework of Tidö cooperation, the former court team Robert Schött gave the task of reviewing how « lack of way of life » should be able to lead to a denied residence permit or deportation from Sweden.

The directives were so many that 19 pages were required – a fact that Robert Schött raised when the investigation was performed and received by Johan Forssell in connection with a press conference on Tuesday. According to him, the purpose of the new law, which Forssell hopes will be a reality within this term, is to protect society’s basic values, improve integration and strengthen confidence in migration policy.

« It is also about justice against those who take care, » he emphasized.

The study’s proposal It is briefly based on the person who has a lack of vandel being able to be denied or has their residence permit revoked. The list of examples of what lack of vandel can be is long. It may be that you have debts you do not pay, if you cheat with grants, if you do not comply with « basic Swedish values ​​and modes of action », if you have repeatedly committing more lenient crimes, if you have together with, among other things, criminal networks or violent organizations or if you utter things that are not already criminalized.

So far, especially the latter has attracted a lot of attention and by experts described as a threat to freedom of speech.

– The proposal is as bad as I feared. This means that we receive two different applications of freedom of expression, one that applies to Swedish citizens and another for those living here with a residence permit. For them, it will be extremely difficult to know what to say and not, says Nils Funcke, freedom of speech expert.

He also sees a clear contradiction: anyone who does not comply with « Swedish basic values ​​and modes of action » risks getting rid of their residence permit.

– As I see it, it is a Swedish basic valuation that you have to question values, that is, freedom of speech. It is difficult to understand how the boundaries should draw and who should draw them, says Nils Funke.

Funke takes two examples: If an individual person expresses, for example, the LVU legislation and this leads to a drive on social media and strong reactions abroad-can the individual get rid of his or her residence permit? Or if you participate in a demonstration where pronounces are pronounced that can potentially harm Sweden’s security, can you be expelled?

However, Johan Forssell is not worried:

– I am convinced that most people understand exactly what we mean. Ultimately, there will be a clear practice in the migration courts, he said during the press conference.

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Forssell added that he hopes that the law should not be used, that it should in itself have a preventive effect:

– The goal is for people who come here take care of themselves and make an effort. If you do not, it will have a credible consequence.

According to the investigator Robert Schött is about in each case making a « overall overall assessment » when testing. In it, the degree of integration in Sweden and one’s family relationships must also be weighed.

It should also, according to the proposal, be easier to revoke a residence permit if one, a relative or even an employer has provided incorrect information about one’s identity. Anyone who has been authorized to be here to study or work, but no longer does so should also have their residence permits canceled.

John Stauffer, chief lawyer and deputy executive manager at Civil Rights Defenders, is strongly critical:

– It is difficult to understand what you are suggesting. What was evident from the press conference does not really rhyme with what is in the investigation and it is so fuzzy not to live up to the basic principle that a law should be clear for the residents to be able to adhere to it, he says, adding that it is not possible to draw any conclusions from the proposal as it requires a more in -depth analysis.

He does not share the image that it is now clear what is a host:

– What does, for example, mean « comply with basic Swedish values ​​and modes of action »? It is easy to get the impression that they mean values ​​that are not codified in Swedish law. In such a paragraph, anything can fall into, today or in the future.

Stauffer’s guess is that many referral bodies will be strongly critical.

– Johan Forssell says that the little ones will eventually form a practice of where the boundaries should be drawn for what to do, say and think. But it should be apparently already in the law for people to have a chance to follow it, says Stauffers.

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