Kernrechtsfrage
Whether removal detention was permissible despite alleged impossibility of forced removal to Iran
Extrahierter Entscheid
Detention was only justified to secure the consular interview and a prompt reassessment; a three-month detention was disproportionate because removal could not be expected in the near future.
Extrahierte Begründung
Under Art. 13c(5)(a) ANAG detention ends or is impermissible when removal proves legally or factually impossible. Here the record showed that involuntary return to Iran was generally blocked, and the authorities could only justify detention briefly to enable the planned consular appearance and then reassess the situation.