Decision on the admissibility of pre-deportation detention of an asylum seeker from northern Iraq

Facts

The allegedly Iraqi national H. illegally entered Switzerland and filed an asylum application, which is still pending. He was convicted of drug trafficking and transferred to the Aliens Police after serving his sentence. The Aliens Police ordered pre-deportation detention to ensure the implementation of a deportation procedure. The appellant requested the lifting of the detention, as the enforcement of a deportation to Iraq was not possible.

Considerations

The FJA decided that the pre-deportation detention in this case was inadmissible. According to the case law, the ordering of pre-deportation detention requires that the enforcement of a possible deportation is legally and factually possible. For the appellant, who claims to be a Kurd from northern Iraq, the forced enforcement of a deportation to this region is currently not possible. The RSFNA confirmed that voluntary return of Kurds to northern Iraq is generally possible, but forced…