Migration Court: "The Higher Education Act may not apply"

The Migration Court of Malmö strongly criticizes the new law on high schools which will give high school students the right to obtain a residence permit.

In a press release, the court wrote that "the preparation of the bill, with respect to reduced proof of identity, has been so inadequate that the legislation of this party can not be applied".

The Redundant High School Act, which came into force on July 1, was the subject of an investigation into a case before the Migration Court of Malmö.

The court's finding is that the law is so badly written that it does not apply or will not apply.

"After a so-called class action lawsuit, the court concluded that the preparation of the bill, with respect to the reduced proof of identity, defective that the legislation in this part is not applicable. instead, the normal proof required to identify identity "

– The original bill has faced many criticisms and questions from several reference organizations. The change in the government's proposal is important and departs from the clear and well-established regime that has existed for a long time. According to Chief Advisor Fredrik Löndahl

the Migration Court aims to host a young Iraqi asylum-seeker who arrived in Sweden in 2015 and whose rejection has resulted in the death penalty being imposed on him. he can not reinforce his identity.

As the man had filed an application for a residence permit under the new legislation, the court also attempted to investigate this issue

– The bill is lacking. analysis of the relationship between the proposal and Sweden's commitments in Schengen cooperation. uncertainties as to how a position based can be taken in a lawsuit when the identity is not clear. Fredrik Löndahl

"Deficient"

In addition, the Court wrote:

"The Migration Court considers in the decision that the shortcomings in the preparation are such that the reduced evidence requirement can not be applied. residence permits based on the right of secondary education, the asylum seeker is required to clarify his identity.Because the man has not done that, his appeal has been rejected. "

The Gymnasium Act has been redistributed and has already received deep criticism from the Council of the Law.

July 6, 2018 11:14