Key legal question
Whether deportation detention remained justified under Art. 13b(1)(c) ANAG because of a risk of absconding.
Extracted holding
Yes. The detainee's consistent refusal to return to Libya, including his refusal to board the booked flight, showed concrete risk of absconding and justified continued detention.
Extracted reasoning
The court held that the detention ground persisted after final closure of the asylum proceedings. The complainant's own statements before the Federal Court reinforced the inference that he would evade removal. Challenges to returning to Libya could not be heard in this detention review.