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28/03/2019
SE: Migration Court of Appeal ruled on the granting of a residence permit in case of practical impediment to enforcement

ECLI
Input Provided By
EUAA IDS
Source
Rattsinfosok
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
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 EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=695
Case history
Related cases:
Abstract

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. 
Country of Decision
Sweden
Court Name
SE: Migration Court of Appeal [Migrationsöverdomstolen]
Case Number
MIG 2019:4 UM1855-18
Date of Decision
28/03/2019
Country of Origin
Keywords
Content of Protection/Integration
Return/Removal/Deportation