Facts
[A.], who claims to be from Angola, born in 1961, alias B., entered Switzerland on January 7, 1994 and applied for asylum here. The Federal Office for Refugees rejected the application on April 28, 1994, but at the same time ordered the provisional admission of the applicant. On July 28, 1995, the Federal Office for Refugees lifted the provisional admission after [A.] had repeatedly committed criminal offenses. On March 1, 1996, the Federal Office for Foreign Affairs imposed an entry ban on [A.] valid until March 1, 2001.
On August 2, 1999, the Cantonal Police of Basel-City arrested [A.] accompanied by another foreigner at the Lysbüchel border crossing. The border guard who had stopped them stated that the two foreigners had attempted to enter Switzerland from France. [A.] was subsequently handed over to the Foreigners' Police of the Canton of Zurich, which on August 4, 1999 deported him from Switzerland and ordered deportation detention with effect from August 2, 1999 due to his disregard of the imposed entry ban.
Considerations
According to Art. 13b para. 1 lit. b in conjunction with Art. 13a lit. c ANAG, the competent cantonal authority may detain a foreigner to ensure the enforcement of a deportation or expulsion decision if the foreigner has disregarded an entry ban and cannot be immediately deported. However, an entry ban only takes effect when the foreigner has left Switzerland and then re-enters.
The detention judge must decide on…