Facts

The complainant, a Lebanese citizen, entered Switzerland on 8 April 2001 and filed an asylum application two days later. After withdrawing his asylum application, he was sentenced to 18 months in prison with conditional execution and five years of unconditional expulsion for violating the Narcotics Act. The Migration Office of the Canton of Zurich ordered deportation detention, which was confirmed by the custodial judge. The complainant filed an administrative appeal with the Federal Court, requesting that the custodial judge's ruling on the continuation of deportation detention be revoked and that he be released from detention immediately.

The parties are

  • The complainant (E.)
  • The Migration Office of the Canton of Zurich
  • The custodial judge of the District Court of Zurich

The most important dates are

  • 8 April 2001: Complainant's entry into Switzerland
  • 20 November 2001: Judgment of the District Court of Zurich
  • 21 November 2001: Order of deportation detention by the Migration Office
  • 23 November 2001: Confirmation of deportation detention by the custodial judge
  • 12 February 2002: Application by the Migration Office for extension of deportation detention
  • 15 February 2002: Extension of deportation detention by the custodial judge

Considerations

The Federal Court has ruled that a criminal expulsion can provide the basis for deportation detention, even if no enforcement order has been issued, as long as the principle of proportionality is respected. The expulsion does not have to be enforceable to serve as the basis for deportation detention.

The law does not explicitly mention expulsion as a permissible removal measure that could underlie deportation detention. However, the Federal Court has already ruled that a criminal expulsion…