Case nº B2400-09 of G, November 13, 2009
Resolution Date | November 13, 2009 |
Issuing Organization | G |
Brott: Stöld (V och L) och häleri (V)
Påföljd: Fängelse 6 månader
Utvisning: 5 år
Enligt hovrättens bedömning föreligger förutsättningar enligt 8 kap. 8 § utlänningslagen för att utvisa V och L (båda medborgare i Litauen) ur landet. Utvisningsfrågan kan emellertid inte avgöras utan beaktande av att de är medborgare i ett unionsland. Prövningen om de får utvisas bör därför ske även med beaktande av de allmänna principer för begränsning av rörligheten inom unionen som följer av Europaparlamentets och rådets direktiv 2004/38/EG (rörlighetsdirektivet). V och L saknar anknytning till Sverige, även om de själva har gjort gällande att ett utvisningsbeslut skulle ge den negativa konsekvensen att de inte kan delta i orienteringstävlingar i landet. Innan de greps hade de vistats i Sverige endast ett fåtal dagar och under denna tid...
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