Key legal question
Whether preparatory detention under Art. 13a lit. e ANAG was lawful on the facts found by the detention judge.
Extracted holding
The detention was lawful because the appellant seriously threatened a person, criminal proceedings were pending, and he lacked a residence permit while a decision on his stay was being prepared.
Extracted reasoning
The Federal Court was bound by the detention judge's factual findings absent obvious error. The findings that the appellant repeatedly threatened to kill the centre director were supported by police witnesses. These threats constituted a serious threat within the meaning of Art. 13a lit. e ANAG, and the other statutory conditions were met.