SHARE
COPY LINK

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.

READ ALSO: 

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

READER QUESTIONS

Reader question: How do you meet the requirements for a sambo visa?

In Sweden, a sambo is domestic partner – someone you’re in a relationship with and live with, but to whom you aren’t married. If you, as a non-EU citizen, are in a sambo relationship with a Swedish citizen, you can apply for a residence permit on the basis of that relationship. But meeting the requirements of that permit is not always straightforward.

Reader question: How do you meet the requirements for a sambo visa?

An American reader, whose son lives with his Swedish partner, wrote to The Local with questions about the maintenance requirement her son and his partner must meet in order to qualify for a sambo resident permit.

“Their specific issue is that they meet the requirements for a stable relationship and stable housing, but have been told that qualifying for a sambo visa based on savings is unlikely,” she wrote, asking for suggestions on how to approach this issue. Her son’s partner is a student with no income, but whose savings meet maintenance requirements. But, they have been told by lawyers that Migrationsverket will likely deny the application based on the absence of the Swedish partner’s income.

How do relationships qualify for sambo status?

In order to apply for a residence permit on the basis of a sambo relationship, you and your partner must either be living together, or plan to live together as soon as the non-Swedish partner can come to Sweden. Because this reader’s son is already in Sweden as a graduate student, he can apply for a sambo permit without having to leave the country, provided that his student permit is still valid at the time the new application is submitted.

The Migration Agency notes that “you can not receive a residence permit for the reason that you want to live with a family member in Sweden before your current permit expires”. So once your valid permit is close to expiration, you can apply for a new sambo permit.

What are the maintenance requirements for a sambo permit?

The maintenance requirements for someone applying for a sambo permit fall on the Swedish partner, who must prove that they are able to support both themselves and their partner for the duration of the permit. This includes both housing and financial requirements.

In terms of residential standards that applicants must meet, they must show that they live in a home of adequate size – for two adult applicants without children, that means at least one room with a kitchen. If rented, the lease must be for at least one year.

The financial requirements are more complicated. The Swedish partner must be able to document a stable income that can support the applicant and themselves – for a sambo couple, the 2022 standard is an income of 8,520 kronor per month. This burden falls on the Swedish partner.

While the Migration Agency’s website does say that you may “fulfil the maintenance requirement (be considered able to support yourself) if you have enough money/taxable assets to support yourself, other persons in your household and the family members who are applying for a residence permit for at least two years”, it is unclear how proof of this would be documented. On a separate page detailing the various documents that can be used to prove that maintenance requirements are met, there is nothing about how to document savings that will be used to support the couple.

Can you apply on the basis of savings instead of income?

Well, this is unclear. The Migration Agency’s website does suggest that having enough money saved up to support both members of the sambo relationship is an option, but it gives no details on how to document this. It is also unclear whether applying on the basis of savings will disadvantage applicants, with preference given to applicants who can show proof of income from work.

The Local has reached out to an immigration lawyer to answer this question. 

SHOW COMMENTS