Dismissal of the appeal against the extension of enforcement detention

Facts

Parties: [A.] (appellant) against the Migration Office of the Canton of Basel-Stadt.

Facts:

• [A.] is a Tunisian national and was expelled from the country for 20 years in 2018.
• He has been in deportation detention several times and was placed in enforcement detention on 14 September 2020.
• The single judge for coercive measures in foreigner law approved the extension of the detention until 13 February 2021 and dismissed an application for release from detention.
• [A.] refuses to undergo the COVID-19 PCR test and applies for the annulment of the decision.

Main question: Is the extension of enforcement detention lawful despite the appellant's refusal to undergo the COVID-19 PCR test?

Considerations

1. The appeal is admissible as it is directed against a final cantonal decision on a coercive measure in foreigner law and meets the requirements for an appeal in public law matters.

2. Enforcement detention is lawful if a foreign national fails to comply with their obligation to leave the country and this obligation cannot be enforced. The detention serves to induce the affected person to change their behavior and to enforce the obligation to leave. The detention is unlawful if there are valid reasons for delays in the enforcement of the expulsion or it is practically certain that this cannot be realized within a reasonable timeframe.

3. Voluntary departure to Tunisia is currently possible, even if the Tunisian authorities require a COVID-19 PCR test. The appellant has repeatedly refused to cooperate with the authorities and to undergo the test. The argument that there is no legal basis for the test is unconvincing, as the duty to cooperate includes all measures that the home country requires for entry. The interference with the appellant's physical integrity and privacy through the PCR test is not of a serious nature and serves the public interest in enforcing the…