Question juridique clé
Whether removal detention was proportionate where the person had a Schengen residence right in another state and could be sent there immediately.
Solution extraite
The detention was disproportionate because immediate removal to the other Schengen state was generally possible and the person was to be instructed informally to leave immediately; if compliance was expected, detention was not justified.
Motifs extraits
Art. 64(2) AuG applied. In such cases, immediate removal is normally possible. Where there are no indications that the person will not comply with an informal removal order, detention is unnecessary and disproportionate.