Skip Ribbon Commands
Skip to main content
Country of Decision : Sweden
Court Name : SE: Migration Court of Appeal [Migrationsöverdomstolen]
Date of decision : 22/10/2019
Type : Judgment
Case Number/Citation/ Document Symbol : UM 4572-19, MIG 2019:17

H.D. vs Swedish Migration Board (Migrationsverket)

The case concerns the calculation of the maximum time that a person may spend in detention for the purpose of removal. In the present case the applicant had been in detention for more than twenty months. The Swedish Migration Court of Appeal referred to Article 15 (5) and (6) of the Return Directive as well as to the relevant provisions of the Swedish law and it held that within the same enforcement of a removal decision, an applicant can be held in detention for a maximum of twelve months. It further explained that if the person is detained more than once to execute the removal decision, previous periods or periods in which the person has been held in enforcement custody must be taken into account when calculating the twelve-month period. However, this will not be the case when the removal decision has been enforced, but after a time abroad the person re-enters Sweden, or if the removal decision has not been enforced because the person has been granted a time-limited residence permit.

Detention/ Alternatives to Detention; Return/Removal/Deportation;

Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals);

EASO Annual Report on the Situation of Asylum in the EU

Sweden,SE: Migration Court of Appeal [Migrationsöverdomstolen] , H.D. vs Swedish Migration Board (Migrationsverket), 22/10/2019
SE: Migration Court of Appeal ruled on the calculation of the maximum time to be spent in detention for the purpose of removal