Facts
Parties: Appellant [A.] (Russian citizen) against the Office for Migration and Integration Canton of Aargau.
Facts: [A.] entered Switzerland on April 13, 2022, and applied for the grant of protection status "S" on the same day. The SEM rejected this on July 29, 2022, and instructed [A.] to leave the country. The Federal Administrative Court dismissed the appeal against this on October 25, 2022. On October 27, 2022, [A.] was taken into deportation detention. The Administrative Court of the Canton of Aargau confirmed this on October 28, 2022, until January 26, 2023. [A.] applied for asylum on the same day. The Administrative Court dismissed the request for release from detention with a judgment of January 5, 2023.
Appeal: [A.] requests the Federal Supreme Court to set aside the judgment of the Administrative Court of the Canton of Aargau of January 5, 2023, and to order his immediate release from detention. Furthermore, the illegality of the detention conditions in the deportation center [U.] during his detention from October 27, 2022, to January 6, 2023, is to be established.
Considerations
The Federal Supreme Court first examines the admissibility of the appeal. It finds that the appeal in public law matters is admissible, as deportation detention constitutes a serious interference with personal freedom and the exclusion ground of Art. 83 lit. c No. 4 FSCA does not apply.
The Federal Supreme Court then addresses the substantive complaints of the appellant. It finds that the conditions for deportation detention are met. In particular, the foreseeability of the enforcement of the expulsion is given, as the asylum procedure can be completed within a foreseeable time and the expulsion can be carried out. The ground for detention of the risk of absconding is…