Kernrechtsfrage
Whether the removal detention under Art. 13b ANAG was lawful and should be lifted.
Extrahierter Entscheid
The detention was lawful because the appellant clearly showed flight risk, had not established his identity, had ignored prior departure orders, and there was no sign that removal would become impossible in the foreseeable future.
Extrahierte Begründung
The court relied on the appellant's refusal to cooperate, his illegal stay after earlier release, and his obstructive conduct during presentation to Georgian authorities. These facts established a clear risk of absconding under Art. 13b(1)(c) ANAG. The mere difficulty of removal did not make execution impossible, and the authorities were acting with due diligence.