UNHCR’s observations to the Swedish government’s Inquiry “Uppehållstillstånd på grund av praktiska verkställighetshinder och preskription”, SOU 2017:84.
UNHCR, the UN Refugee Agency, has submitted its observations to the Swedish government’s law proposal on the granting of residence permits in certain situations where there are practical impediments to enforce a refusal of entry or expulsion order.
UNHCR welcomes the conclusions of the Inquiry and endorses its recommendations to provide greater clarity in Swedish law as regards the granting of residence permits on the basis of practical impediments to enforcement or statutory limitations.
Furthermore, UNHCR notes that a significant number of persons remain in Sweden following a removal decision that cannot be enforced. These individuals do not have a right to legally remain in the country and may not be granted a residence permit. UNHCR considers that a significant number of these persons are in fact stateless or at risk of statelessness and cannot be returned to any country for reasons beyond their control.
UNHCR concludes that Swedish law lacks sufficient safeguards with regard to the determination of statelessness and protection of stateless persons on Swedish territory. UNHCR recommends Sweden to incorporate an express definition of a “stateless person” into its legislation, in accordance with the 1954 Convention, and to introduce a statelessness determination procedure and afford stateless persons their rights encapsulated in the 1954 Convention. This includes the granting of a statelessness specific residence permit.
UNHCR’s observations are available here.
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