Facts
The complainant, a citizen of Sri Lanka, entered Switzerland illegally on August 8, 2018, and filed an asylum application. The State Secretariat for Migration (SEM) rejected the asylum application and ordered his expulsion from Switzerland. The complainant was arrested again by the Zurich cantonal police on August 19, 2019, and detained for violating the FNIA. The Office for Migration and Integration of the Canton of Aargau (MIKA) ordered the arrest and detention of the complainant in the Aarau deportation center. The single judge of the Administrative Court of the Canton of Aargau extended the detention until July 16, 2020, 12:00.
The complainant requested the reversal of the judgment and his immediate release from deportation detention. The lower court and MIKA requested the dismissal of the complaint. The SEM pointed out that the airport in Colombo was currently closed and Turkish Airlines had suspended flights to Sri Lanka until May 27, 2020.
Considerations
The Federal Supreme Court (FSCA) has upheld the complaint and reversed the judgment of the Administrative Court of the Canton of Aargau. The complainant is to be released immediately from deportation detention. The lower court extended the detention until July 16, 2020, 12:00, because it believed that the enforcement of the expulsion would be possible within the maximum permissible detention period of 18 months.
However, the FSCA found that the lower court based its prognosis, for which it generally has a certain degree of discretion, on a false premise. The lower court did not consider all the circumstances of the specific case,…