Communicated on 23 March 2020 Published on 25 May 2020

THIRD SECTION

Application no. 32825/18 Saidbek SHAMKHATOV against Sweden lodged on 4 July 2018

SUBJECT MATTER OF THE CASE

The application concerns a minor applicant (born in 2005) of Kazak origin whose parents had died in 2006. In 2011 he came to Sweden together with his brother in order to join their grandmother who was already living in Sweden. Subsequently, the applicant and his brother were taken into public care and placed in a foster home because their grandmother was considered unsuitable to care for them. Their grandmother has subsequently left Sweden.

After the applicant ’ s initial deportation decision became statute-barred, he sought asylum again in 2016. On 23 August 2017 the Migration Agency rejected the applicant ’ s asylum request and ordered his deportation to Kazakhstan. This decision became final on 26 January 2018 when the Migration Court of Appeal refused the applicant leave to appeal.

The applicant complains that his deportation would violate his right to respect for his private and family life under Article 8 of the Convention. He is well integrated into the Swedish society and has spent most of his life in Sweden. He is leading family life with his foster family in Sweden.

QUESTION TO THE PARTIES

Would there be an interference with the applicant ’ s right to respect for his private and family life, within the meaning of Article 8 § 1 of the Convention, if he is removed from Sweden? If so, would that interference be in accordance with the law and necessary in terms of Article 8 § 2?