The topic of asylum seekers committing crimes in their host countries has re- ceived plenty of attention in Swedish media and within the political sphere. Some have expressed that committing crimes in Sweden should lead to an asylum seeker’s application being automatically rejected. Currently Swedish law permits the exclusion of asylum seekers who have committed certain crimes in in Sweden, which leads to the asylum seeker not receiving a residence permit. The thesis aims to establish whether it is legally possible to make exclusion easier and how excluded asylum seekers should be dealt with when they cannot be deported. The analysis uses both the traditional legal method and the com- parative method. The latter method aims to shed light on the similarities and differences between the implementation of the relevant articles in the Qualifi- cation and Return Directives in different member states of the European Union. The thesis particularly focuses on Finland due to its administrative law being very similar to that of Sweden. The results are used to highlight discre- pancies in the implementation of the directives and to point out how Swedish legal practitioners may act in order to be able to exclude more asylum seekers who have committed crimes in Sweden. The essay finds that courts rarely deve- lop their arguments as to why a certain crime motivates exclusion, particularly those crimes concerning refugees. Legal practitioners should therefore clarify when and how they implement the exclusion articles. Additionally, legal practit- ioners tend to exclude asylum seekers eligible for subsidiary protection based on court judgements whereas the law allows exclusion at an earlier stage. The thesis also finds that legal practitioners should look towards case law from ot- her EU member states when determining whether or not a crime is serious. The thesis ultimately finds that Swedish legislation cannot be made more strict if it is to be in accordance with the Qualification Directive. Finally, alternatives to Sweden’s current system of issuing temporary residence permits to foreigners who cannot be deported due to the principle of non-refoulement are also asses- sed. The thesis concludes that current Swedish legislation is generous in terms of issuing residence permits and that the Qualification Directive allows for Sweden to take other measures in order to restrict excluded foreigners’ rights.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-169811 |
| Date | January 2019 |
| Creators | Racutanu, Madeleine |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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