Facts
X. (born 1980), who claims to be from Guinea-Bissau, entered Switzerland on 27 April 2004 and filed an asylum application the next day. The Federal Office for Refugees issued a non-entry decision on X.'s application on 11 May 2004, rejected his application, and ordered him to leave the country no later than the day after the decision became legally binding. On 27 May 2004, X. applied for emergency assistance to the Migration Office of the Canton of Zurich, but was arrested the same day, given a summary penalty order on 28 May 2004 for illegal stay in Switzerland of 30 days' imprisonment on probation, and subsequently taken into detention for deportation. The detention judge at the District Court of Zurich confirmed this detention until 27 August 2004. The Federal Supreme Court dismisses the administrative court appeal filed by X. against this.Considerations
The Federal Supreme Court considers X.'s detention for deportation to be lawful. According to Art. 5 para. 1 lit. f ECHR and Art. 10 para. 2 Cst., deprivation of liberty to secure the enforcement of an expulsion procedure is permissible if the legal requirements are met. As part of the Entlastungsprogramm 2003, the legislator has created new grounds for detention, under which asylum seekers whose application has been rejected under Art. 32-34 AsylA can be taken into detention for deportation.
This regulation is compatible with the ECHR and the Federal Constitution. Those who abuse or obstruct the identification process in the asylum procedure demonstrate that their primary…