Key legal question
Whether the conditions for administrative detention under Art. 76(1)(b) nos. 3 and 4 LEtr were met.
Extracted holding
Yes. The refusal to cooperate, the refusal to board the flight, and the stated intention to remain in Switzerland justified a concrete risk of absconding.
Extracted reasoning
The court held that no residence permit existed, that the appellant refused to comply with removal arrangements, and that his statements showed unwillingness to obey removal instructions. A criminal offence in Switzerland was irrelevant.