The decision by the Svea Court of Appeal to deport the man is based on new legislation from 2022, when the rules for deportation due to crime were tightened. At that time, the ban on deportation was removed for individuals who came to Sweden before the age of 15 and who have lived here for at least five years.
In connection with the verdict, Court of Appeal Judge Therese Linderoth expressed that it would be good if the Supreme Court took up the issue to clarify how assessments should be made after the legislative change.
"The prerequisites for deportation have changed radically with the new legislation, and there are still no clear guidelines for all considerations", she said in a press release from the court.
The man in question, who was 17 at the time of the murder, has, according to his lawyer Viktor Banke, never resided outside Sweden's borders and was registered as stateless until last autumn. After a statement from the Migration Agency in October 2023, he has been considered a citizen of Gambia.
The teenager's connection to Sweden, and his non-existent connection to Gambia, mean that he should not be deported, according to Banke's appeal to the Supreme Court, which on Monday decided to take up the case for review.
The 18-year-old has confessed to the murder for which he was convicted. The victim was shot with multiple shots when he opened the door to his apartment in Flemingsberg south of Stockholm on the night of March 7, 2023. The incident is linked to a conflict between criminal networks in Södertälje.
