projects

Immigration detention confirmed due to flight risk

ATA/779/1996Court of Justice / Administrative ChamberDec 19, 1996Confirmed

Open source

Extracted by Omnilex

Omnilex summary

The court confirmed immigration detention pending removal. It held that removal would take place at short notice and that there was a concrete risk of absconding, since the person had already tried to evade removal by going into hiding for four months.

Omnilex headnote

LFSEE art. 13b al. 1 let. c; detention pending removal may be confirmed where removal is imminent and concrete indications show a risk of absconding. A prior period of clandestine stay in order to evade removal may constitute a relevant flight-risk indicator, especially when combined with a short time-frame for execution of the removal.

Full text

Descripteurs

MESURE DE CONTRAINTE(DROIT DES ETRANGERS); REFOULEMENT; DETENTION AUX FINS D'EXPULSION; RENVOI(DROIT DES ETRANGERS); BREF DELAI; RISQUE DE FUITE; PROLONGATION

Normes

LFSEE.13 b al.1 litt.c

Résumé

Détention confirmée, l'intéressé devant être refoulé à bref délai; le risque de soustraction a également été retenu, compte tenu de la période de 4 mois durant laquelle il a déjà tenté de se soustraire à son renvoi en entrant en clandestinité.

Keywords

immigration detentionremovalflight riskabscondingclandestine stayexpulsionenforcement

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether detention pending removal should be confirmed under Art. 13b(1)(c) LFSEE because removal is imminent and there is a risk of absconding.

Extracted holding

Yes. The detention was confirmed because the person was to be removed at short notice and a risk of absconding was established.

Extracted reasoning

The court relied on the imminent removal and on the fact that the person had already attempted to evade removal by living clandestinely for four months, which demonstrated a concrete risk of flight.

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.