Harsh criticism of revoked residence permits

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Harsh criticism of revoked residence permits
Photo: Viktoria Bank/TT

Several authorities are sharply critical of the proposal that it should be possible to revoke permanent residence permits. This will have a major impact on individuals and could violate the constitution, is part of the criticism. We do not find the investigation convincing, says Anna Falk, head of agency at the Chancellor of Justice.

It was in September that the government's investigators presented a proposal that asylum seekers who have received permanent residence permits in Sweden should be able to have them revoked.

As the consultation period now expires, it is clear that many authorities and other consultation bodies are critical.

The Chancellor of Justice writes in his response to the consultation that the proposal "constitutes a very intrusive measure for individuals and will cover a large number of people."

Above all, we think that the investigation's proportionality assessment is lacking, says JK's bureau chief Anna Falk to TT and continues:

This means that the purpose of this does not outweigh the problems and interference it causes in individuals' rights. As we point out, this means tearing up beneficial administrative decisions and we do not find the investigation convincing there.

May break the law

According to JK, the proposal thus risks violating both the European Convention and the Instrument of Government.

Several authorities specifically point out that the proposal means that the state is departing from the administrative law principle that a favorable administrative decision may not be revoked to the detriment of individuals.

Other criticism is that it could be negative for integration and lead to physical and mental ill health and “generally deteriorated living conditions” for those affected. High costs for the authorities that will implement the reforms are also raised.

One of the Tidöpartierna's purposes with the proposal is to get more people to meet the requirements to become Swedish citizens.

The State Treasury writes that it is "highly uncertain" whether that goal will be achieved, but that it is clear "that the negative consequences of the proposal will be extensive."

Most are believed to be allowed to stay

Migration Minister Johan Forssell (M) writes to TT that the government will "cancel" permanent residence permits, but that the issue of revoking already existing residence permits is complex:

"We will now analyze the investigation and the referral responses and will then report back."

The proposed new law applies to asylum seekers and their relatives who have permanent residence permits. Labor immigrants are not covered.

The assessment is that between 98,000 and 180,000 would be covered by the new law. Many came to Sweden more than ten years ago.

However, the vast majority of them are considered to be allowed to stay in Sweden if the new law were to be introduced, as they already meet the requirements for citizenship or to obtain a permit for permanent residence in Sweden.

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By TTEnglish edition by Sweden Herald, adapted for our readers

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