Facts
The appellant, a national of Bosnia and Herzegovina, filed an asylum application in Switzerland in 2009, which was rejected. He was then placed in administrative detention in August 2010. The appellant immediately declared that he was appealing against this decision and requested his immediate release. The Cantonal Court considered that the appeal was no longer relevant after the appellant's release and struck the case from the roll.
The appellant then filed an appeal in public law matters against this decision, arguing that the Cantonal Court should have considered the merits of the case and examined the lawfulness of his administrative detention. The Federal Court admitted the appeal, annulled the contested decision, and referred the case back to the previous authority for a new decision.
Considerations
The Federal Court considered that the principle of exhaustion of remedies is observed when the appellant is able to invoke, before the cantonal court of last instance, all the grievances that he may subsequently raise before the Federal Court. The Federal Court also recalled that, in particular circumstances, it is justified to examine the appeal on the merits despite the appellant's release during the proceedings before the Federal Court.
The Federal Court emphasized that the case law admits that, in cases where the appellant's release occurred during the proceedings, it is appropriate to examine the grievances that can be formulated before the ECHR and, if necessary, to find a violation of the ECHR. The Federal Court also recalled that the principle of unity of procedure requires examining the grievances that can be invoked before the ECHR beforehand by the Federal Court.
The Federal Court considered that the conditions for derogating from the requirement of current interest…