Danyar, 27, will be deported after lönemiss at 460 sek Aftonbladet

Danyar Mohammed has been living in Jokkmokk, in the seven years where he now works at a pizzeria.

But because of a lönemiss from his employer, he shall be deported to Iraq.

– Small deviations that depend on a mistake cannot automatically lead to expulsion, ” says Danyars agents Fredrik Bergman.

On Friday decided in the migration court to Danyar Mohammed, 27, will be deported from Sweden because he on the basis of a lönemiss from his employer is not considered to meet the requirements for a work permit.

” It feels really jättetungt. It was an unconscious mistake, ” says Danyar to Aftonbladet.

For a person to get a work permit in Sweden requires, inter alia, that the working conditions should be in line with the collective agreement.

– In Danyars cases, the employer has had collective agreements, but when the collective agreement was amended missed the employer to raise the salary. Then got Danyar for a limited period 460 kronor too little in relation to the collective agreement, ” says Fredrik Bergman, general counsel at the Center for justice, which is representative for the Danyar Mohammed.

the Employer paid back

the Employer had failed to lägstalönen according to the collective labour agreement 1 June 2014 was increased to 20 989 crowns. When the mistake was discovered were corrected Danyars salary immediately.

in Retrospect, my employer paid back to me. If you count all my earnings, I have earned 8 000 sek more than what the collective agreement requires, ” says Danyar Mohammed.

even so it Danyar thus be expelled to Iraq.

– the Swedish migration board interpreted the law so strictly and mechanically that it must be on the crown the right. It is a mistake does not matter. That the employer has corrected the mistake, and no matter. To Danyar, if you look at his entire employment, has earned more than what the collective agreement requires play no role, ” says Fredrik Bergman.

Disagreement between members

the migration court, however, was not unanimous in its decision. Of the four members were the only two who felt that Danyar be deported. In the end it was the president’s voice that brought down the ruling.

” There is nothing in either the aliens act, the drafting history, or practice that requires people who can support themselves should be deported because of small mistakes of this kind. That is why we will appeal this judgment to the migration court of Appeal, ” says Fredrik Bergman.

” the People who come to Sweden should be able to support themselves and the conditions in the Swedish labour market should be respected. What we mean is that the small deviations from these requirements that depend on a mistake does not automatically lead to expulsion.

Want to open their own

Aftonbladet has been in contact with one of the lay assessors in the proceedings, Lars Dahlstam, who felt that Danyar should be expelled.

– The comments I do not.

You do not need to comment on the individual case, but maybe you can say something in general about the …

” no, No.

Danyar Mohammed has not yet given up hope of being able to stay in Sweden.

” I hope to continue working here. My dream is to be able to open his own restaurant in the future.