The rules on expulsion due to offences were changed in 2022, including by tightening the requirements for ties to Sweden and replacing the previous ban on expelling certain young people with a qualified requirement for expulsion to take place.
The Supreme Court has tried the new rules in a case involving a 19-year-old who was born in Sweden and in a case involving a 37-year-old who came here when he was eight months old. In such cases, there must be very weighty reasons for a decision on expulsion not to conflict with the right to private and family life under the European Convention on Human Rights.
The 19-year-old was convicted of murder and sentenced to prison for six years and ten months. The crime was committed when he was 17 years old. He is part of a criminal group, and the murder was part of a gang conflict. During his childhood, he has been subject to extensive efforts, but his development has been negative, and his criminal lifestyle remained unbroken. In view of the exceptionally serious crime for which the 19-year-old is convicted, the Supreme Court has concluded that there are such weighty reasons for expulsion that such a decision is proportionate. This applies despite the fact that he was born in Sweden and that he committed the crime as a minor. However, these circumstances have meant that the ban on him returning to Sweden has been limited to ten years.
The 37-year-old was convicted of, among other things, aggravated weapons offences, three counts of aggravated unlawful threats and obstructing the course of justice and sentenced to prison for four years. He has previously been convicted of similar crimes. When weighing up the crime and his connection to Sweden, especially the fact that he has lived in Sweden virtually all his life, the Supreme Court has found that an expulsion would not be proportionate. He is therefore not expelled.
Cases B 2849-24 (I) and B 7807-24 (II)
2025-04-23
Case name
"Expulsion and Ties" (I and II)
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