At the university’s Admissions Board they are critical of how the case of Sophia Schuff has been dealt with.
“The migration authorities disregard the principles of general administration law”, says chairman Bengt Lundell.
The chairman of the Admissions Board, Bengt Lundell, who has granted Sophia Schuff a respite to pay the student tuition fees until the case is closed, has a negative opinion on how the authorities have handled her case. According to present day custom it is not possible to change residence permit if you already have one. However, he says the Migration Board misses the fact that she actually can study for free at the university.
”She’s trapped in Catch-22. The Migration Authorities and the Migration Court says that they don’t have to try the case, but at the same time they omit the principles of general administrative law. This affects your legal rights as it’s all about payments and that is why she has the right to have her case tried.
The Migration Board is aware of the problem. According to the expert Fredrik Martinsson, the question is discussed.
“There are opposing interests. Partly because if you have a residence permit, you do have a permit. But, as Sopia Schuff claims, is it correct that the foundations of the residence permit influence the kind of legal consequences the permit leads to? For instance, to not have to pay tuition fees.”
But the Migration Authorities are not concerned about her avoiding paying the tuition fees?
”No”, says Fredrik Martinsson.
In other words it is almost impossible for Sopia Schuff to have her case tried. However, it is not yet finished as the case is handled by the Migration supreme court, where she has asked for a leave to appeal.
”Not many verdicts are done by them. But it happens that earlier verdicts are changed. What determines if they will try a case is if it has an impact on how the law is applied”, says Fredrik Martinsson.
Even if the odds are against Sopia Schuff, Bengt Lundell’s hope is that it will work out well for her. His opinion is that the case is important and she will not be the last student the face these kind of problem.
”This is an important for influencing of public opinion. The Migration Authorities put into practice rules not applicable to students, and that is wrong according to our standards. If she is right, it is not only we at the Admissions Board that have this opinion”.
Translation: Lars Jansson
