Key legal question
Whether the immigration detention was lawful and should be lifted
Extracted holding
The detention was lawful because the appellant had already been finally removed in asylum proceedings, had failed to leave Switzerland, and therefore satisfied the detention ground under Art. 76(1)(b)(3) AuG.
Extracted reasoning
The court found the appellant had disregarded his duty to cooperate and depart, his stated willingness to return was not credible, prior support did not create a right of stay, and removal appeared practicable through a laissez-passer if he cooperated.