Facts

Parties:
Appellant: [A.] , represented by attorney-at-law Lea Hungerbühler, substituted by attorney-at-law Sonja Comte
Respondents: Administrative Appeals Commission and Migration Office of the Canton of St. Gallen

Facts:
[A.] , born in 1999 in Mali, received a rejection of his asylum application on December 8, 2016. After unsuccessful appeals and reconsideration proceedings, he was placed in "minor" deportation detention for 60 days on March 15, 2022, based on a detention order dated March 10, 2022. The detention was confirmed on March 16, 2022, and lasted until May 13, 2022. [A.] refused to board the plane for an unaccompanied return to Mali and was released from detention on May 6, 2022.

Main issue:
The lawfulness of deportation detention under Art. 77 FNIA and compliance with the acceleration requirement.

Considerations

1. The Federal Supreme Court is competent to hear the appeal in public law matters, as deportation detention constitutes a serious interference with personal freedom and the acceleration requirement has been violated. The appeal is admissible, as the appellant invokes a violation of Art. 5 ECHR and the prerequisites for a decision on the merits are met.

2. The Federal Supreme Court examines the arguments raised by the appellant, provided they are sufficiently substantiated. It is bound by the facts established by the lower court, unless these are obviously incorrect or incomplete. The criticism of the incorrect date of the hardship application is not relevant to the proceedings.

3. The acceleration requirement under Art. 29 para. 1 Cst. and Art. 5 para. 4 ECHR was not violated, as the judicial review of detention took place within 96 hours and the appeal proceedings were completed within the maximum detention period. A stricter conduct of the proceedings would have been desirable, but not mandatory.

4. Deportation detention under Art. 77 FNIA requires that an enforceable decision exists, the person has not left Switzerland, travel documents had to be obtained, and these were available at the time of the detention order.…