Facts
[A.] (born 1995) is a Tibetan with Chinese citizenship. The State Secretariat for Migration (SEM) expelled her from Switzerland on 26 June 2020, as her asylum application under the identity of [C.] (born 2000) had not been considered. The Office for Migration and Integration of the Canton of Aargau (MIKA) was unable to persuade [A.] to leave voluntarily. On 11 April 2022, MIKA placed [A.] in deportation detention under Art. 77 FNIA, as she did not possess any travel documents and had also not organised any. The detention judge confirmed the detention until 9 June 2022.Considerations
The Federal Supreme Court overturns the detention decision. The "minor" deportation detention under Art. 77 FNIA requires that the authorities have already obtained the travel documents. It is not sufficient if their issuance is only assured. Deportation detention serves to prevent the person concerned from absconding immediately before the enforcement of the expulsion, after the…