Verkställighetshinder och giltig ursäkt - En analys av rekvisitet giltig ursäkt i 12 kap. 19 § utlänningslagen

Sammanfattning: In 2005, the current Swedish Aliens Act came into force. During the legislative process, the legislator saw the need to change the rules on when a new examination can be made of a decision on expulsion or expulsion that has become final and is to be enforced. This is regulated in Chapter 12, Section 19 of the Aliens Act. For a new examination, it is required that new circumstances have arisen which mean that there is reason to assume that there is a lasting obstacle to enforcement under Chapter 12, sections 1-3 of the Aliens Act. In addition, it is required that the alien has not been able to present the circumstances before, or that there is a valid excuse for not doing so. The wording of the law does not provide an explanation of the interpretation of a valid excuse. The purpose of this paper is to examine how the requirement of a valid excuse in Chapter 12, Section 19 of the Aliens Act should be interpreted. The main question of the essay is thus how the requirement should be understood. In order to answer this question, the following sub-questions are posed: what the legal background to a valid excuse is, how the requirement is interpreted by the Migration Appeal Court and the Migration Agency, and in what way the necessary condition could be criticised. In order to examine the background and function of the necessary condition, the paper presents principles of administrative law, preparatory works, the Swedish Migration Agency's legal positions, and the precedent of the Migration Court of Appeal. Based on this material, the necessary condition of the valid excuse is discussed and criticised. Possible alternatives to the legal text are discussed from different perspectives. It is concluded that the meaning of a valid excuse is still not entirely clear and that much room for interpretation has been left to the practitioners. At the same time, the functions of the section would be lost if it were removed from the text of the law.