Question juridique clé
Whether detention pending removal was justified by a serious risk of absconding under Art. 13b(1)(c) LSEE.
Solution extraite
Yes. The combination of an enforceable removal order, lack of identity documents, and failure to cooperate supported an objective risk that he would obstruct removal.
Motifs extraits
The court considered his claim that he would leave for Italy unreliable, especially since Italian authorities had already turned him back. In non-entry asylum cases where the applicant did not submit identity documents without excuse, an objective risk of hindrance may be assumed.