英国摄影师西蒙·蒙哥马利因移民身份问题遭瑞典下达驱逐令,这一决定将迫使他与16个月大的儿子强制分离1。瑞典移民机构于去年12月拒绝了蒙哥马利的居留申请,理由是缺乏"实际照顾"该儿童的证据1。本月,瑞典移民法院支持了该驱逐决定,表示"国家的移民管制利益优先于个人家庭生活权益"1。
蒙哥马利目前每周与儿子相处三天,并与儿童母亲拥有法律认可的共同监护权1。其儿子通过母亲获得德国公民身份1。蒙哥马利声称自己享有欧盟自由流动权,并已向更高级移民法院上诉1。其律师主张强制分离将违反欧洲人权公约第8条1。蒙哥马利因英国脱欧后移居瑞典,不享受任何协议性居留权1。
A British photographer is confronting forced separation from his 16-month-old son after Swedish authorities ordered his deportation due to immigration status issues.1 Simon Montgomery has been denied residency in Sweden, with immigration officials and courts ruling that the state's migration control interests take precedence over his personal and family life rights.1
Montgomery's case hinges on his relationship to his child, who holds German citizenship through his mother.1 Immigration authorities rejected Montgomery's residency application in December of last year, citing insufficient evidence of "actual care" for the child.1 The immigration court subsequently upheld the deportation decision this month, determining that "the state's migration control interests take priority over individual family life interests."1 Despite this, Montgomery maintains regular contact with his son, spending three days per week with him and holding legally recognized joint custody with the child's mother.1
The photographer moved to Sweden following Britain's departure from the European Union and therefore holds no treaty-based residency rights in the country.1 Montgomery is appealing to a higher immigration court, arguing that his son's German passport grants him EU free movement rights and contending that forced separation would violate Article 8 of the European Convention on Human Rights.1
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