Kernrechtsfrage
Whether the deportation detention under Art. 13b ANAG was lawful and should be lifted
Extrahierter Entscheid
The detention was lawful because it served to secure execution of the removal order and the appellant met the risk-of-absconding ground; no basis existed to order release.
Extrahierte Begründung
The court found that the appellant vehemently refused return to Tunisia, had previously stayed illegally in Italy, and could not be expected to comply with authorities or remain available for removal. The authorities were pursuing removal with due diligence. Questions about the spelling of his first name and the alleged prison stay in Tunisia were irrelevant to the detention review.