Questão jurídica principal
Whether the extension of enforcement detention under Art. 78 AuG was lawful and proportionate.
Decisão extraída
The detention remained lawful because removal could not be enforced without the appellant's cooperation, milder measures had failed, and the maximum statutory limits were respected.
Fundamentação extraída
The appellant had been finally removed in the asylum procedure, repeatedly refused to cooperate in obtaining identity papers, ignored reporting duties, and evaded supervision. Since voluntary departure or removal in the foreseeable future depended on his cooperation, detention under Art. 78 AuG was the last resort and not disproportionate.