Kernrechtsfrage
Whether a pending reconsideration request with a provisional stay prevented deportation detention based on the prior removal order.
Extrahierter Entscheid
The prior asylum and removal decision remained a valid removal order for detention purposes; the pending reconsideration did not eliminate the legal basis for detention.
Extrahierte Begründung
The Federal Court held that the 3 April 2003 non-entry and removal decision qualified as a removal order under Art. 13b ANAG, and that the provisional suspension in the reconsideration proceedings did not alter that.