Question juridique clé
Whether the Federal Supreme Court could hear the administrative appeal against the EJPD's non-entry decision on the cantonal transfer request.
Solution extraite
The administrative appeal was not available because the challenged decisions concerned a cantonal transfer in an asylum context and, after the asylum proceedings had ended, only enforcement-related measures remained; these are not subject to administrative appeal.
Motifs extraits
Under the Asylum Act and OG, cantonal allocation and cantonal transfer decisions are generally interim measures and are only separately appealable in narrow family-unity situations. Here the asylum and reconsideration proceedings were completed and the removal orders were final, so no appealable pending proceeding remained.