Facts
The complainant, [A.] , filed an asylum application in Switzerland on 29 November 1999. The Federal Office for Refugees (BFF) did not consider the asylum application and ordered immediate expulsion, as [A.] had deceived the authorities about his identity. [A.] was asked to organize his departure and was arrested on 25 October 2004 and placed in deportation detention. The custodial judge reviewed and approved the deportation detention until 24 January 2005.
The parties are [A.] , the complainant, and the Migration Office of the Canton of Zurich. The complainant requests that the decision of the Zurich District Court be overturned and that he be released from deportation detention.
Considerations
The Federal Court examines whether the conditions for ordering deportation detention pursuant to Art. 13b of the Federal Act on the Residence and Settlement of Foreigners (RSFNA) are met. The complainant argues that the disputed decisions of the asylum authorities not to consider the application were already made before the entry into force of the legislative amendment, which made the existence of such a decision a ground for detention in itself.
The Federal Court finds that the ground for detention of risk of absconding pursuant to Art. 13b para. 1 lit. c RSFNA is met, as the complainant has filed asylum applications under different names and deliberately deceived the authorities about his identity. The complainant has so far been unknown or difficult to find for the authorities due to the lack of a known fixed place of residence.
The Federal Court also affirms the other statutory conditions for…