Expulsion detention confirmed due to danger to health

ATA/753/1996Court of Justice / Administrative ChamberDec 5, 1996Confirmed

Extracted by Omnilex

Omnilex summary

The court confirmed detention for expulsion. It considered that the detained person, convicted to 10 months' imprisonment for cocaine trafficking, represented a sufficient threat to health and bodily integrity to justify continued detention under the immigration enforcement ground cited by the decision.

Omnilex headnote

LFSEE art. 13a lit. e; detention for expulsion may be maintained where the person's conduct, in particular a serious drug-trafficking conviction, establishes a concrete danger to health and bodily integrity. The assessment is based on the overall circumstances and the preventive purpose of removal detention.

Full text

Descripteurs

MESURE DE CONTRAINTE(DROIT DES ETRANGERS); DETENTION AUX FINS D'EXPULSION; STUPEFIANT; REFOULEMENT; PROLONGATION

Normes

LFSEE.13 a litt.e

Résumé

Détention confirmée vu la menace pour la santé et l'intégrité corporelle (condamnation à 10 mois d'emprisonnement pour trafic de cocaïne).

Keywords

immigration detentionexpulsiondrug traffickingcocainepublic safetydanger assessmentprolongation

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether detention for expulsion could be confirmed/prolonged under immigration enforcement grounds despite the challenge by the detained person.

Extracted holding

Yes. The detention was upheld because the concrete circumstances, in particular the cocaine-trafficking conviction, showed a serious danger to health and bodily integrity.

Extracted reasoning

The court relied on the seriousness of the offence and the related risk assessment, finding that the statutory ground for detention was met.

Expulsion detention confirmed due to danger to healthAI generated