The government's investigator proposed in the spring that inadequate behavior should be able to lead to residence permits for foreigners being denied or revoked.
The Migration Agency and the administrative courts, which function as migration courts, warn that it may be problematic to determine what constitutes inadequate behavior when it does not involve criminal acts or rule violations.
Disruptive behavior
The Administrative Court in Gothenburg points out in its statement that the concept of behavior could also include begging and prostitution.
The Administrative Court in Malmö raises that the investigation mentions that dangerous or seriously disruptive behavior due to drug abuse could be considered inadequate behavior. If the abuse has led to the foreigner committing a crime, the assessment is easier.
But the court sees it as "problematic" to otherwise place greater emphasis on what is "almost an addiction disease", they write in their statement.
The Administrative Court in Stockholm thinks that the investigation does not provide any guidance on how abuse of the welfare system should be assessed when no crime can be proven and the foreigner has repaid a claim or follows their payment plan.
"Moral character"
The Court of Appeal in Stockholm is seeking clarification on how contact with criminal networks or violent organizations should be defined. The court also wants to know when private debts should affect the assessment of behavior.
If the government chooses to implement the investigation's proposal, the Migration Agency will be the authority that first assesses whether a residence permit should be denied or revoked due to inadequate behavior.
The Migration Agency writes that in the continued legislative work, it needs to be clarified which actions, in addition to crimes or inadequate rule compliance, should be considered inadequate behavior.
The Migration Agency points out that even the investigation emphasizes that a definition as clear as possible creates conditions for courts and authorities not to make "arbitrary assessments of almost moral character".
