CRPD/C/23/D/60/2019 Compulsory Psychiatric Care Act on 2 March 2018, as it was suspected that she suffered from depression with a high risk of suicide. 2.5 On 16 October 2018, the Migration Agency denied the author’s second application for impediment of enforcement of the deportation order against her. It noted that in order to grant an adult a residence permit on medical grounds, the medical condition needed to be severe and satisfactorily documented. In cases where it is stated that a suicide risk exists, an assessment has to be made as to whether this is due to self-destructive acts or whether such statements have been made because of severe mental illness shown in a psychiatric evaluation. The Agency noted that severe self-destructive acts or statements made by a person can lead to the granting of a residence permit. It noted that acts or statements of that kind can, however, in some cases be seen more as expressions of disappointment or despair after a received expulsion decision, rather than an indication of severe mental illness. The Agency concluded that, in those kinds of cases, the acts or statements could not be given the same weight when assessing an application for a residence permit. The Migration Agency further noted that the author did not invoke mental illness when her case was assessed in her initial asylum process, but only after the expulsion order against her had become final. The Migration Agency also noted that the author herself linked her mental illness to her fear of returning to Iraq. It made the assessment that the author had not been able to prove that her illness was caused by a severe mental illness that was not temporary in nature. The Agency did not question that the author had a mental illness, but it found that the medical documentation submitted by her did not support the assumption that her illness was serious enough to grant her a residence permit. 2.6 The author appealed the decision to the Migration Court. She referred to additional medical certificates, dated 31 October and 11 November 2018, in which it was noted that she was diagnosed with diabetes and high blood pressure. She had her first contact with psychiatric services in Sweden in 2017 and a psychiatric investigation for depression was started in January 2018. It was found that the author was diagnosed with a deep depression with serious suicide attempts, following which she was committed to hospital. She was treated at the hospital for almost two months. While committed, she made another suicide attempt. It was further noted in the certificates that the author had shown serious signs of deep depression where she had visual, aural and tactical hallucinations and became borderline psychotic. After having been released from the hospital, the author was treated with 13 different drugs, 5 of which are psychotropic substances. It was further noted in the medical certificate of 11 November 2018 that the author’s condition was seen as directly life-threatening without said treatment. In a further medical certificate dated 4 December 2018, the author was noted to have been admitted for psychiatric care owing to depression with psychotic features. She was described as having aural hallucinations from the age of 25; however, she had not received adequate medical care for her condition in Iraq. She was assessed to be very ambivalent towards getting treatment and was therefore admitted under the Compulsory Psychiatric Care Act. Her condition was described as being life-threatening, and it was noted that the treatment given was necessary to keep her alive, with her risk of relapse assessed to be grave without adequate care. In her appeal to the Migration Court, the author argued that her condition was life-threatening and that she would not be able to receive adequate treatment for it in Iraq. 2.7 The Migration Court denied the author’s appeal on 21 December 2018. It did not question that author had been diagnosed with physical and mental illness but noted that her condition seemed to have been decreasing after a crisis reaction following the negative decision from the Migration Agency. It found that in order to be granted the re-evaluation of an asylum decision based on health conditions, it must be established as plausible that the condition was severe and lasting. The Migration Court concluded that the documents presented in the author’s case did not support the assumption that the author’s mental condition was lasting. The author claims that the Court did not assess whether it would be possible for her to receive medical treatment in Iraq. As concerns the author’s diabetic condition, the Court concluded that the author had not established that she would not be able to receive care for that condition in Iraq. The decision was upheld by the Migration Court of Appeal on 21 January 2019. 3

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