Question juridique clé
Whether the removal detention under Art. 13b ANAG was lawful and proportionate
Solution extraite
Yes. The detention was lawful because a statutory ground existed, removal was not impossible, and the measure was proportionate.
Motifs extraits
A non-entry asylum decision under the relevant asylum provisions already constitutes a sufficient indication for Art. 13b Abs. 1 lit. d ANAG; the applicant also seriously breached his duty to cooperate.