Att hålla en utlänning som är tagen i förvar avskild - tvångsmedel inom Migrationsverkets förvarsverksamhet

Sammanfattning: Even though the legislation around separating a foreigner from others who are held in custody has existed for a long time, this has been an area that is little treated in various legal sources. This appeared to me to be somewhat confusing, and the purpose of this essay was therefore to examine how the legal situation regarding decisions according to 11 kap. 7§ utlänningslagen. looks like. The essay also aimed to examine how the current legal situation relates to the legislator's ambitions with the law. In the work, I provide an overall view of the conditions for making decisions about custody according to today's legislation. The legal situation presented regarding 11 kap. 7§ utlänningslagen shows that there are only a few relevant legal cases and other legal sources that directly concern decisions according to this section. Most of the legal sources that are available concern both decisions to separate aliens who have been taken into custody and to place them outside the detention facility in a correctional facility, detention center or police custody. On several occasions, it is stated that the legislator's ambitions have been for this type of decisions to take place on a smaller scale, but that it is not perceived as clear that today's legislation enables this. Finally, proposals are presented for changes to the current regulation, which mainly relate to time limits for when decisions to separate foreigners must be reconsidered, as well as proposals for an upper time limit for how long a foreigner can be kept separated from others held in custody.