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SE: Migration Court of Appeal ruled on the calculation of the maximum time to be spent in detention for the purpose of removal

Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
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);
Sweden, Migration Court of Appeal [Migrationsöverdomstolen] , H.D. v Swedish Migration Board (Migrationsverket), UM 4572-19, MIG 2019:17, 22 October 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:

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.

Country of Decision
Court Name
SE: Migration Court of Appeal [Migrationsöverdomstolen]
Case Number
UM 4572-19, MIG 2019:17
Date of Decision
Country of Origin
Detention/ Alternatives to Detention