Facts
The Nigerian national [A.] had been living in Switzerland since 2005. In 2018, the Migration Office of the Canton of Basel-Stadt rejected the extension of his residence permit. Despite being ordered to leave by 16 September 2019, [A.] remained in Switzerland. On 15 November 2019, he was arrested and the Migration Office ordered a 3-month deportation detention. The single judge for coercive measures in the law on foreign nationals confirmed the detention on 18 November 2019.Considerations
The Federal Supreme Court lifted the detention decision, as the deportation detention was disproportionate. While there was a risk of absconding, as [A.] had not complied with the order to leave and renew his passport, the detention judge should have examined milder measures such as a reporting requirement or restriction to a specific area before ordering detention. Furthermore, it…