Facts
The appellant, [X.] , claims to be from Liberia and underwent an unsuccessful asylum procedure in Switzerland in 2004. The Migration Service of the Canton of Bern took her into deportation detention for three months on August 9, 2005. After she was considered missing, she was handed over to the Migration Service of the Canton of Bern by the Zurich authorities on October 6, 2006, and was again taken into deportation detention. The Deportation Judge 6b at the Detention Court III Bern-Mittelland reviewed this on October 10, 2006, and confirmed it until January 5, 2007. The Foreigner and Civil Rights Service of the Canton Police Bern requested an extension of the deportation detention on December 18, 2006, which the Deportation Judge extended by six months until July 5, 2007, on January 5, 2007.
[X.] appealed against this with the request to the Deportation Judge to lift her deportation detention immediately; alternatively, it should be extended by a maximum of 79 days. The Detention Court III Bern-Mittelland forwarded the submission with the attached files and waiver of further explanations to the FSCA for competence reasons.
Considerations
The FSCA has to examine whether the requirements for the ordering and extension of deportation detention according to Art. 13b of the Federal Act on the Residence and Settlement of Foreigners (RSFNA) are met. The competent authority may take a foreigner into deportation detention or keep them in it if a first-instance, not necessarily final, expulsion or deportation decision is available, whose enforcement is not yet possible but is foreseeable.
The appellant meets the grounds for detention under Art. 13b para. 1 lit. c RSFNA, as she has not left Switzerland despite the final order of the asylum authorities and has gone into hiding. The detention as a whole must be proportionate. The preparation, deportation, and enforcement detention may not exceed a maximum detention period of 24 months in total.
The new…