Facts

Parties:

  • [A.] , appellant, represented by attorney-at-law Lea Hungerbühler, against the Department of the Interior of the Canton of Solothurn, Migration Office, and the Detention Court of the Canton of Solothurn.

Facts:

  • [A.] , a national of Ethiopia, entered Switzerland on July 4, 2012. His asylum applications were rejected, and he went into hiding several times.
  • On February 5, 2020, he was transferred back to Switzerland from Germany. The following day, the Migration Office ordered a three-month deportation detention.
  • On September 11, 2020, [A.] submitted his third asylum application, which was rejected. The Migration Office ordered enforcement detention, which was approved by the Detention Court.
  • The appeal against the detention decisions was dismissed by the Administrative Court of the Canton of Solothurn.
  • [A.] applied to the Federal Supreme Court for the annulment of the judgment, his release from detention, and the determination of the unlawfulness of the detention.

Considerations

The Federal Supreme Court first examined the admissibility of the appeal and found that preparatory detention under Art. 75 FNIA was no longer possible as a first-instance decision already existed. The preparatory detention was therefore unlawful under federal law.

With regard to enforcement detention under Art. 78 FNIA, the Federal Supreme Court found that a final removal or expulsion order is a prerequisite. Since the final decision was only issued on October 26, 2020, and the appellant could not comply with the departure deadline, the enforcement detention…