Praktiskt verkställighetshinder i utlänningslagen

Sammanfattning: During the autumn of 2015, several hundred stateless Palestinians protested outside of the Swedish Migration Boards office in Malmö. The reason for the protest was that they had been denied asylum in Sweden and lacked a real possibility to return to their homeland. The aim of this essay is to research if and how the rules regarding practical impediments to removal in the Swedish legislation causes a situation wherein the person seeking asylum is denied a residence permit yet is unable to return to their country of origin. When a foreigner applies for asylum in Sweden the executing authority has to regard the occurrence of impediments to removal in the permit matter as well as in the removal matter. One type of impediment is the practical impediment, which mainly consists of another country’s refusal to accept the foreigner. The research in this essay focuses mainly on the legislation regarding practical impediments to removal. Current legislation is presented and analyzed with regards to the study of the source of law. The relevant laws in the Swedish Aliens Act (2005:716) will be regarded on their own, but the law of temporary limitations of the possibility to receive residence permit in Sweden (2016:752) will also be discussed, along with a few cases relating to the issue at hand. The conclusion of this essay is that a high requirement of what constitutes a practical impediment to removal along with strict evidentiary requirements is a possible explanation as to why the aforementioned situation occurs. It is speculated that the current legislation regarding the period of limitation has aggravating effect on the asylum seekers situation, and that the legislation regarding practical impediment to removal is unprioritized by the Swedish lawmakers.