Facts
[A.], a national of the Democratic Republic of the Congo, was subject to several deportation decisions by Switzerland. After exhausting legal remedies, he was placed in detention for the purpose of his expulsion. While in detention, he filed an asylum application. The Administrative Court rejected his request for release. [A.] then appealed to the Federal Tribunal.Considerations
The Federal Tribunal considers that continued detention for failure to depart is no longer permissible once an asylum application has been filed. Indeed, the filing of the asylum application eliminates the obligation to leave Switzerland, which was the purpose of the detention for failure to depart. The Federal Tribunal therefore considers that continued detention is no longer justified in this case.
However, the Federal Tribunal refers the case back to the previous instance so that it can examine…