The rest of the boy's family have residence permits as relatives of the mother, who has a job in Sweden. But because the rules for the so-called 'track change' have changed, he cannot obtain a residence permit in the same way, as first reported by Sveriges Radio.
According to the Migration Board's decision, which TT has seen, the boy cannot be granted a residence permit on the basis of 'particularly distressing circumstances'.
"A decision to expel him would constitute an interference with his rights. However, there is nothing to indicate that (the boy's name)'s rights should outweigh the state's interest in maintaining regulated immigration," the Migration Board writes in the decision.
The decision also addresses the fact that the boy's parents have time-limited residence and work permits in Sweden and that they are able to return to Iran with him.
The family's legal representative, Shila Monjezi, believes that the case demonstrates the need for an in-depth interpretation of how the provision on 'particularly distressing circumstances' should apply to young children.
The family's goal is for that to be taken into account in future cases. It's not just about him, she says.
