Moral conduct testing are already recognized under Swedish migration law, as the Aliens Act allows for the refusal or revocation of residence permits when immigrants commit crimes, pose security risks, or if their permits were obtained through false information.
The Policy Brief explores three key questions:
- Do similar rules exist in comparable countries, and how do they function?
- How has moral conduct testing developed historically and what has been their role in Swedish migration policy?
- What consequences could the introduction of moral conduct assessments have from a legal certainty perspective?
In this context, moral conduct testing is viewed as a tool within the state's broader migration control framework, which functions as a selection mechanism through which authorities decide who is allowed to stay and under what conditions. This framework includes other instruments, such as residence permits, which reflect societal ideas about who is deemed suitable to remain in the country, and what characteristics and behaviors are considered desirable in migrants.
The Policy Brief is based on research and legislative material from Sweden, spanning from the 1950s to the present.
Some overall conclusions and recommendations
-
Clarity in Legislation
If moral conduct testing are to be expanded, they must be clearly defined in the legislation. This is especially important if vague criteria like "Swedish values" are included, as this stands out internationally and is problematic due to the lack of consensus on what these values entail. -
Burden of Proof on Authorities
Should the scope of moral conduct testing be widened, the burden of proof for demonstrating a deficient way of life should rest with the authorities, rather than placing the responsibility on individuals to prove that their lifestyle is acceptable. The process should have stringent evidentiary standards, and decisions must be subject to appeal in migration courts to ensure fairness. -
Necessity of Moral Conduct Assessments
It is also worth questioning whether moral conduct testing are truly necessary to achieve the intended policy goals. The Swedish Migration Agency already conducts criminal record checks, and other European countries have more narrowly defined provisions for rejecting or revoking residence permits on similar grounds. Currently, there is no substantial evidence to suggest that large numbers of migrants are behaving in ways that would justify more deportations as a result of moral conduct assessments.
About the author
This Policy Brief was authored by Andreas Asplén Lundstedt, researcher at the School of Public Administration, University of Gothenburg.
This Policy Brief was published on October 14, 2024.