Deportation detention: Reversal of the judgment of the Lucerne Cantonal Court and release of the appellant

Facts

The appellant, an Angolan citizen, entered Switzerland illegally in 2016 and filed an asylum application. The State Secretariat for Migration (SEM) rejected his application and ordered his expulsion from Switzerland. The appellant was arrested on February 25, 2020, and taken into deportation detention. The Migration Office of the Canton of Lucerne ordered his detention for a period of three months. The appellant filed a request for release from detention, which was rejected by the Coercive Measures Court of the Canton of Lucerne. The Cantonal Court of the Canton of Lucerne also rejected the appeal filed against this decision.

The appellant filed a complaint in public law matters and a subsidiary constitutional complaint with the Federal Court, requesting that his complaint be approved, the decision of the Cantonal Court be reversed, and he be released immediately.

Considerations

The Federal Court considered the complaint in public law matters and examined whether the conditions for deportation detention were met. It found that the ground for detention of the risk of absconding was present, as the appellant had already absconded once and had resisted the orders of the authorities.

The Federal Court also examined whether the detention was proportionate. It found that the lower court could reasonably assume that the appellant had violated his duty to cooperate and that the risk of absconding existed.

However, the Federal Court also examined whether the…