Deportation detention for rejected asylum seekers whose application was not considered by the Federal Office for Refugees

Facts

X., who claimed to be from Belarus and was without papers, applied for asylum in Switzerland on 8 June 2004. The Federal Office for Refugees did not consider his application on 22 June 2004, rejected him, and ordered him to leave Switzerland no later than the day after the decision became legally binding. The Swiss Asylum Appeals Commission confirmed the non-consideration decision on 5 July 2004. X. then repeatedly contacted the residents' services of the Canton of Basel-Stadt to request emergency financial assistance. On 23 August 2004, he was arrested, convicted of unlawful residence in Switzerland, and subsequently placed in deportation detention, which the Administrative Court of the Canton of Basel-Stadt confirmed until 23 November 2004.

Considerations

The Federal Supreme Court decided that the ground for detention under Art. 13b(1)(d) of the Federal Act on Foreign Nationals' Residence and Permanent Settlement (ANAG) was fulfilled. This ground for detention is independent and unrelated to the conduct of the person concerned after the non-consideration decision of the asylum authorities. The fact that X. did not go into hiding after the non-consideration decision but instead reported to the authorities does not change this. The subsequent conduct of the person concerned is generally irrelevant for the assumption of the ground for detention.

The Federal Supreme…