Question juridique clé
Whether preparation detention under Art. 13a lit. f ANAG was lawful and proportionate
Solution extraite
Yes. The asylum request was filed only after arrest and criminal conviction and appeared aimed at delaying or preventing removal; the detention ground and proportionality were satisfied.
Motifs extraits
The court relied on the binding factual findings that the appellant had entered illegally with a forged document, did not come to Switzerland to seek asylum, and had shown no readiness to cooperate with removal proceedings. The three-month detention was proportionate because the asylum procedure could be expected to finish soon.