Facts

Parties:

  • Appellant: [A.] , Afghan citizen, born 1989
  • Appellee 1: Migration Office of the Canton of Zurich
  • Appellee 2: District Court Zurich, Coercive Measures Court

Facts:

  • [A.] submitted an asylum application in Switzerland on October 17, 2015, which was rejected on September 12, 2018. An appeal was dismissed due to unknown whereabouts.
  • After a stay in France, [A.] was again in Switzerland as of May 10, 2019.
  • On May 13, 2019, the Migration Office of the Canton of Zurich ordered expulsion and deportation detention, which was extended several times, most recently until August 4, 2020.
  • The Administrative Court of the Canton of Zurich dismissed an appeal against the extension of deportation detention on June 4, 2020.
  • [A.] filed a public law appeal, requesting release from deportation detention and dismissal of the application for extension of detention.

Considerations

The appeal concerns the extension of deportation detention and is admissible as it pertains to a matter of public law and is directed against a final cantonal decision. Deportation detention constitutes a serious interference with personal liberty and must therefore be considered independently.

The Federal Supreme Court examines violations of federal and international law ex officio, bases the facts on the previous instance, and deviates only in case of obvious inaccuracies or violations of law. The previous instance correctly assumed that there is a risk of the appellant going into hiding, which constitutes a ground for detention under Art. 76 para. 1 lit. b no. 3 and 4 FNIA.

The question of the feasibility of enforcing the expulsion depends on a prognosis as to whether the expulsion can be carried out with sufficient probability within a foreseeable time. The previous instance denied a legally relevant impracticability of enforcing the…