Questão jurídica principal
Whether deportation detention under Art. 13b ANAG was lawful after a non-entry asylum decision
Decisão extraída
Yes. A non-entry asylum decision under Art. 32 Abs. 2 lit. a-c or Art. 33 AsylG can establish a detention ground under Art. 13b Abs. 1 lit. d ANAG, and the remaining detention prerequisites were met.
Fundamentação extraída
The legislature may treat the specified asylum misuse as an objectified risk of evasion. The detention remained purpose-bound to securing removal, proportionate, and supported by an enforceable removal decision with foreseeable execution.