Facts
Kujtim Budovic, originating from the former Yugoslavia, entered Switzerland in February 1995 without travel documents. On March 17, 1995, he reported to the reception office of the Federal Office for Refugees in Basel to file an asylum application. The reception office confirmed that he had presented himself there to file an asylum application and that he had been instructed to fulfill his duty of cooperation regarding the provision of identity documents within 30 days.
On March 20, 1995, Kujtim Budovic was arrested by the Basel-Stadt cantonal police as he was crossing the border into Switzerland from Germany. On March 21, 1995, the Aliens Police of the Canton of Basel-Stadt ordered that Kujtim Budovic be deported to Yugoslavia as soon as possible and placed him in deportation detention for a maximum of three months to ensure the deportation.
Kujtim Budovic filed an administrative court appeal against the judgment of the single judge for coercive measures in the law on foreigners of the Administrative Court of the Canton of Basel-Stadt, which confirmed the deportation detention.
Considerations
The Federal Court states that the detention judge, when reviewing the deportation detention, generally does not have to examine the legality of the expulsion order. However, an exception exists if the expulsion order is obviously unlawful.
In the present case, it must be assumed that Kujtim Budovic was an asylum seeker at the time of the expulsion order, at…