Kernrechtsfrage
Whether the removal detention under Art. 13b ANAG was lawful and proportionate
Extrahierter Entscheid
Yes. A final removal order existed, the new ground for detention under Art. 13b(1)(d) ANAG applied, the applicant's conduct supported an objective and concrete risk of frustrating removal, and the detention remained proportionate and removal was foreseeable.
Extrahierte Begründung
The court held that for asylum cases covered by the 2003 reform, the legislature may treat certain non-entry decisions as indicating an objective risk of absconding. The purpose of detention remains securing removal, not punishment, and the applicant's inconsistent statements and refusal to cooperate reinforced the risk.