Questione giuridica chiave
Whether the deportation detention under Art. 13b ANAG was lawful and proportionate
Decisione estratta
The detention was lawful because it served the execution of a final removal order and at least one statutory detention ground was met; the detention court could also rely on the additional ground found in its factual findings.
Motivazione estratta
The non-entry asylum decision made the removal order final. The court held that Art. 13b Abs. 1 lit. d ANAG was satisfied after a non-entry decision under Art. 32 Abs. 2 lit. a AsylG. It left open another ground under Art. 13a lit. e in connection with Art. 13b Abs. 1 lit. b ANAG, but accepted that Art. 13b Abs. 1 lit. c ANAG also applied on the detention court's binding findings. Other statutory requirements were met.