Key facts
- Simon Montgomery faces deportation from Sweden.
- His 16-month-old son is a German citizen.
- Montgomery argues he has EU freedom of movement rights.
- The migration court ruled state immigration interests outweigh his family life rights.
- Montgomery has joint custody and a parenting agreement for his son.
A British photographer, Simon Montgomery, is facing deportation from Sweden and potential separation from his 16-month-old son after his application to remain in the country was rejected. The Swedish migration agency and subsequently the migration court ruled against him, stating that the state's interest in regulated immigration outweighed his right to family life. Montgomery, who grew up without his father, is appealing to a higher court, asserting his EU freedom of movement rights through his son, who is a German citizen. He claims he is only in Sweden to be with his son and has a stable parenting plan for joint custody. Montgomery fears he cannot visit his elderly relatives in the UK without being blocked from returning to his son. His lawyer argues that deportation would create instability for his son during a critical attachment phase and violate Article 8 of the European Convention on Human Rights.