Facts
The case concerns a woman from Cameroon (C.) who entered Switzerland on 26 January 2002 with a Douala-Zurich-Washington flight ticket. As her travel documents did not belong to her, she filed an asylum application in the airport transit area. The Federal Office for Refugees rejected the asylum application and ordered C.'s removal from Switzerland. C. appealed against this decision, which was dismissed by the Swiss Asylum Appeal Commission. After C. had attempted suicide, she was admitted to a psychiatric clinic. On 8 March 2002, C. was released from the clinic, whereupon the Migration Office of the Canton of Zurich ordered her deportation detention. However, the detention judge of the District Court of Zurich rejected the application for confirmation of the deportation detention, as he was of the opinion that C. had entered Switzerland through her admission to the psychiatric clinic and therefore there was no longer a removal decision. The Federal Department of Justice and Police then filed an administrative court appeal against this decision.Considerations
The Federal Supreme Court upheld the appeal and set aside the detention judge's decision. It stated that the detention judge is generally bound by a legally binding removal decision and cannot review its legality. Only in cases where the removal decision is obviously inadmissible or incorrect can the detention judge question its binding nature.
In the present case, the Swiss…