Facts

Parties:

  • Appellant: [A.] , represented by attorney Dominic Frey
  • Respondent: Office for Migration and Integration Canton of Aargau, Section Asylum and Return

Facts:

  • [A.] is a Tunisian national whose asylum application was rejected on May 15, 2014. He was definitively expelled from Switzerland on July 16, 2014.
  • On April 18, 2019, [A.] was turned back upon re-entry and an entry ban was imposed until February 15, 2024.
  • After an illegal re-entry, [A.] was in pretrial detention or in prison from May 6, 2019, to January 12, 2022.
  • On January 12, 2022, [A.] was expelled from Switzerland and taken into deportation detention. A return flight to Tunis was canceled because the Tunisian authorities did not issue a replacement travel document without a voluntary declaration.
  • On March 11, 2022, the deportation detention was converted into enforcement detention, from which [A.] was released on May 25, 2022.
  • After the completion of the prison sentence, [A.] was taken into enforcement detention again on June 29, 2022, because he refused to sign the voluntary declaration. The detention was extended several times, last on July 18, 2022.
  • The detention judge at the Administrative Court of the Canton of Aargau approved the detention until September 28, 2022.
  • [A.] applied to the Federal Supreme Court to set aside the detention approval decision and to release him from enforcement detention.
  • The Administrative Court of the Canton of Aargau and the MIKA applied to dismiss the appeal.
  • On October 4, 2022, [A.] escaped from enforcement detention, which was then retroactively terminated.

Considerations

The Federal Supreme Court first examines the admissibility of the appeal and finds that, despite the appellant's escape, there is a sufficient public interest in examining the appeal, as a principle question needs to be clarified.

The court then addresses the conditions for enforcement detention pursuant to Art. 78 FNIA and emphasizes that this measure may only be applied as a last resort if no other measure leads to the goal. The detention may last a maximum of 18…