Decision on the Admissibility of Deportation Detention before the Cantonal Expulsion Order has been Extended to the Entire Switzerland

Facts

The Macedonian national A. was convicted by the Canton of Zurich for drug offenses and the extension of his residence permit was refused. The Migration Office of the Canton of Zurich ordered his deportation and applied to the Federal Office for Foreign Affairs for the extension of the cantonal expulsion order to the entire territory of Switzerland. As the Federal Office had not yet issued the extension, the detention judge rejected the application for deportation detention. The Federal Office for Foreign Affairs filed an administrative court appeal against this decision.

Considerations

The Federal Supreme Court upholds the appeal. It states that a cantonal expulsion order is generally sufficient to order deportation detention, even if the extension to the entire Switzerland has not yet been made. The prerequisite is that the foreigner has no prospect of obtaining a residence permit in another canton. As this is not the case in the present case, the cantonal expulsion order is sufficient as a basis for deportation detention.

However, the Federal Supreme Court points out that the detention judge should at least have examined whether the requirements for…