Tim was born in Helsingborg in 2018 and was eleven days old when he was taken care of by the Social Services.
The mother, who comes from Nigeria, was not considered capable of taking care of him, and the father was unknown.
He was then placed in a family home on Österlen in Skåne.
He still lives there today with his foster mother Sandra Persson.
- He is a very playful little guy and always invents mischief.
He is like any other three-year-old, she says in Morgonstudion.
Lacks protection reasons
After three years with the family, the message came: Tim should be expelled.
The Migration Court did not consider that the three-year-old had sufficient grounds for protection to stay.
This despite the fact that none of Tim's relatives in Nigeria showed any interest in taking care of him, according to the foster parents.
- I think he runs a great risk of ending up in a very vulnerable situation, because no one wants to take care of him.
The story of Tim has aroused strong feelings, with calls on social media and name collections as a result.
Sandra hopes that it will lead to reconsideration.
- It feels like the whole of Sweden has become involved in this, and we continue to fight for Tim to stay.
The Convention on the Rights of the Child is subordinate
Critics of the decision say Tim should be protected by the Convention on the Rights of the Child.
This is partly true, according to Louise Dane, who has a doctorate in public law and works with migration and child rights issues at the Asylum Law Center.
However, the question is more complicated than that.
- There are no special provisions on residence permits, however, there are provisions on the best interests of the child and on keeping families together.
In this case, it's about investigating what's Tim's best.
Although the Convention on the Rights of the Child requires that the best interests of the child be investigated, there are at the same time no requirements that decisions must be made in accordance with what has been concluded, according to Dane.
In that case, however, decisions that are contrary to the child's best interests can be justified.
- The best interests of the child must be an important interest, but there may be situations where there are also other interests.
In migration matters, it is said that that interest is regulated immigration, says Dane.
The Swedish Migration Agency is in the same line.
- These are different parts of the legislation that are set against each other and then we get into which perspective should be overriding. That the Convention on the Rights of the Child and the principle of the best interests of the child must be taken into account does not mean a new basis for being able to grant a residence permit, says Chief Justice Carl Bexelius to DN.