Kernrechtsfrage
Whether the removal detention under Art. 13b ANAG was lawful due to risk of absconding and fulfillment of other detention conditions.
Extrahierter Entscheid
Yes. The appellant's repeated refusals to depart, his disappearance after the first scheduled flight, and his renewed refusal to board a booked flight established a concrete risk of absconding; the remaining detention requirements were also met.
Extrahierte Begründung
The court held that the appellant's conduct showed he could not be relied upon to remain available to the authorities for enforcement of the removal order. It also found that removal could still be organized within a foreseeable time and that the authorities were diligently pursuing enforcement.