Sweden orders British dementia patient deportation in post-Brexit migration ruling
The Swedish Migration Court of Appeals has upheld a decision to deport a 74-year-old British national, citing state interests in immigration control despite his advanced dementia and long-term residence.
Horace Mason, a 74-year-old British national with advanced dementia, has been ordered to leave Sweden within 10 days following a ruling by the Swedish Migration Court of Appeals. The court determined that the state’s interest in regulated immigration outweighed Mason’s right to remain, despite his need for round-the-clock care and his 25-year residency in the country.
The deportation deadline is set for 20 August, the British embassy informed Mason’s son on Friday. The decision, made in July, was upheld after appeals, prompting Mason’s son, Carl, to launch a legal challenge at the European Court of Human Rights in Strasbourg and a fundraising campaign to cover estimated costs of 50,000 kronor (£3,900).
Mason’s case stems from a residence permit application submitted in December 2021, which was rejected by the Swedish migration agency in November 2021 due to a failure to submit documents demonstrating eligibility. An appeal against this rejection was also dismissed. The family subsequently appealed to the migration court of appeals under the Aliens Act, arguing that Mason’s removal would violate Article 8 of the European Convention on Human Rights due to his “particularly distressing circumstances”.
In its July ruling, the court assessed that dementia care exists in the UK and noted that Mason has a daughter there. However, the court heard private medical evidence indicating that his daughter was unable to provide the care he currently receives from his son. The court concluded that, on balance, Mason’s deportation appeared proportionate in relation to his private life and adaptation to Sweden.
David Milstead of the campaign group British in Sweden highlighted that Sweden’s refusal rate for post-Brexit residence applications was 27.5% as of the end of 2024, significantly higher than the EU average of 3% to 4%. Milstead stated that Sweden’s approach to the withdrawal agreement ignores key protections and is highly restrictive compared to other member states.
The UK government stated it is aware of the case, is supporting Mr Mason and his family, and is in contact with Swedish authorities. Mason’s son described the distress caused by the ruling, noting his father’s confusion and fears regarding police involvement and imprisonment.
