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AFGHANISTAN

Swedish student to face trial after anti-deportation protest that stopped flight

The Swedish student who livestreamed her onboard protest against the deportation of an Afghan asylum seeker will go on trial on Monday.

Swedish student to face trial after anti-deportation protest that stopped flight
Elin Ersson. File photo: Björn Larsson Rosvall/TT

Elin Ersson will appear at Gothenburg District Court, charged with violating Sweden’s Aviation Act.

Ersson protested in July last year against the Swedish government's policy of deporting some rejected asylum seekers to Afghanistan by boarding an Istanbul-bound flight that carried an Afghan man who was to be returned home after being denied asylum.

With a ticket for the flight that was purchased by the activist group 'Sittstrejken i Göteborg', the activist boarded the aircraft and then refused to sit down until the Afghan man was let off. Flights are not allowed to take off until all passengers are safely in their seats.

Ersson livestreamed her protest on Facebook, where it was viewed over five million times.

Eventually, Ersson was told that the man would be let off the plane and she was also removed by airport security.

According to the prosecutor in the trial, which will take place Monday, Ersson acknowledges her actions in the incident but said her objections were based on her morals and argues that she did not act illegally as the plane was not in the air at the time of her protest.

“I believe that she is guilty of a crime which I can prove and which she will not admit. The court will therefore determine this,” prosecutor James von Reis told TT when charges were brought against the student.

In an interview with the news agency in July last year, Ersson was asked how she sees the view that her actions can be considered criminal.

“The key issue for me is that the man who was to be deported is human and deserves to live. In Sweden we do not have the death penalty, but deportation to a country which is at war can mean death,” she said.

The trial is expected to be completed within one day and Ersson’s defence has sent supplementary evidence to the court.

That consists of a legal statement by Dennis Martinsson, a lawyer in criminal law at Stockholm University. In the 13-page statement, Martinsson argues that the Aviation Act is phrased in a way which makes it questionable whether it is applicable to what Ersson did.

According to the legal expert, the relevant paragraph only applies to requests made by the aircraft’s commanding officer. Investigation of the incident found that Ersson was instructed to take her seat by “cabin crew on board”.

Further, the law states that criminal liability applies to passengers who do not comply with instructions “during a flight”, a description which Martinsson argues cannot be applied to an aircraft on the ground waiting to depart.

There is no precedent in interpretation of the law, he also writes according to TT’s summary.

The extent to which those arguments will affect the outcome of Monday’s case remains to be seen.

The penalty for violation of the Aviation Act is a fine or imprisonment for a maximum of six months.

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SWEDISH CITIZENSHIP

‘The idea is to convert permanent residency into Swedish citizenship,’ Migration minister says

Sweden's Migration Minister has responded to criticism of the government's proposal to abolish permanent residency, telling an interviewer that the hope is that holders will gain full citizenship rather than get downgraded to temporary status.

'The idea is to convert permanent residency into Swedish citizenship,' Migration minister says

“The main idea behind the [Tidö] agreement is that we should convert permanent residency to citizenship,” Maria Malmer Stenergard, from the right-wing Moderate Party, told the Svenska Dagbladet newspaper.”You should not be here forever on a permanent residence permit. A clear path to citizenship is needed.”

I envision that you will receive individual plans for how to achieve this,” she continued. “Learn the language, earn a living, and have knowledge of Swedish society, so that you can fully become a Swedish citizen.” 

Malmer Stenergard said it was still unclear whether a planned government inquiry into the possibility of “converting…existing permanent residence permits” would also open the way for those who have been given a permanent right to live in the country to be downgraded to a temporary residency permit. 

“We’ll have to look at that,” she said. “There is a problem with positive administrative decisions and changing them, which the Migration Agency’s director general Mikael Ribbenvik has been aware of. We also state in the Tidö Agreement that basic principles of administrative law shall continue to apply.” 

READ ALSO: What do we know about Sweden’s plans to withdraw permanent residency?

In the Tidö Agreement, the deal between the far-right Sweden Democrats and the three government parties, it says that “asylum-related residence permits should be temporary and the institution of permanent residence permits should be phased out to be replaced by a new system based on the immigrant’s protection status”.

It further states that “an inquiry will look into the circumstances under which existing permanent residence permits can be converted, for example through giving affected permit holders realistic possibilities to gain citizenship before a specified deadline. These changes should occur within the framework of basic legal principles.”

Malmer Stenergard stressed that the government would only retroactively reverse an administrative decision (over residency) if a way can be found to make such a move compatible with such principles. 

“This is why we state in the Tidö Agreement that basic principles of administrative law must apply,” she said. 

She said the government had not yet come to a conclusion on what should happen to those with permanent residency who either cannot or are unwilling to become Swedish citizens. 

“We’re not there yet, but of course we’re not going to be satisfied with people just having an existing permanent residency, which in many cases has been granted without any particularly clear demands, if they don’t then take the further steps required for citizenship.” 

This did not mean, however, that those with permanent residency permits should be worried, she stressed. 

“If your ambition is to take yourself into Swedish society, learn the language, become self-supporting, and live according to our norms and values, I think that there’s a very good chance that you will be awarded citizenship.” 

She said that even if people couldn’t meet the requirements for citizenship, everyone with permanent residency should at least have “an individual plan for how they are going to become citizens”, if they want to stay in Sweden. 

When it comes to other asylum seekers, however, she said that the government’s aim was for residencies to be recalled more often. 

“We want to find a way to let the Migration Agency regularly reassess whether the grounds for residency remain. The aim is that more residencies should be recalled, for example, if a person who is invoking a need of asylum or other protection then goes back to their home country for a holiday.” 

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