ABSTRACT

This chapter discusses two questions regarding this comprehensive issue that is what are the legal premises for the rules in question and what are their implications for a legal study about children in matters concerning residence permits. It is based on findings from an ongoing doctoral study concerning the status of children in the determination of residence permit. The chapter aims to discuss the implications the legal premises that have been described might have for a legal study and why it is important to conduct studies in this field of law. In the middle of 1990s, there was an intense debate in Sweden questioning whether Sweden was fulfilling its obligations under the United Nations Convention on the Rights of the Child (CRC). In 2006, a new Aliens Act came into force in Sweden, which introduced new rules relating to the circumstances in which judicial review would be available as well as a new process for dealing with such reviews.