Facts
Parties: [A.] (appellant) against Office for Migration and Integration Canton of Aargau.
Facts: [A.] , a citizen of Algeria, is illegally staying in Switzerland. His asylum applications were rejected, and he was sentenced to imprisonment. The Administrative Court of the Canton of Aargau extended his enforcement detention until December 18, 2021 via Skype, without conducting an in-person hearing. [A.] appeals against this decision.
Main issue: Whether the extension of detention based on a video conference hearing is lawful and whether the Administrative Court wrongly rejected an in-person hearing.
Considerations
1. The Federal Supreme Court has jurisdiction, as it concerns an appeal against a final cantonal decision on a coercive measure in foreign nationals law. Administrative detention under foreign nationals law is a serious encroachment on personal freedom, making the appeal admissible.
2. The appellant argues that the lower court switched from an in-person to a video hearing via Skype without a legal basis. This violates the principle of separation of powers and unlawfully restricts judicial publicity.
3. The oral hearing under Art. 78 para. 4 FNIA requires the physical presence of the parties. A video conference cannot replace the immediacy and interactivity of an in-person hearing. The…