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Country of Decision : Sweden
Court Name : SE: Migration Court of Appeal [Migrationsöverdomstolen]
Date of decision : 28/03/2019
Type : Judgment
Case Number/Citation/ Document Symbol : MIG 2019:4 UM1855-18

AO Family v Swedish Migration Board (Migrationsverket)

SE: Migration Court of Appeal ruled on the granting of a residence permit in case of practical impediment to enforcement

The Migration Court of Appeal has found in a precedent that the possibility of granting a residence permit due to practical impediment to enforcement, before an initial expulsion decision reached limitation of actions, should be applied restrictively. This presupposes that already regarding the examination of residence permit it is considered very likely that the alien will not be able to be enforced before the statutory limitation period occurs. There must then be an examination that shows that there is a practical impediment of enforcement, and how long this can be. 

Content of Protection/Integration; Return/Removal/Deportation;

National law only (in case there is no reference to EU law/ECHR);


Sweden, Migration Court of Appeal [Migrationsöverdomstolen] , AO Family v Swedish Migration Board (Migrationsverket), MIG 2019:4 UM1855-18, 28 March 2019. Link redirects to the English summary in the EASO Case Law Database.