Question juridique clé
Whether the detention pending removal under Art. 13b ANAG was lawful and proportionate.
Solution extraite
Yes. The detention met the statutory requirements, including risk of absconding and failure to cooperate in obtaining travel documents.
Motifs extraits
After the final asylum refusal, the appellant clearly refused to return, had absconded, and had not fulfilled his duty to cooperate. The asylum non-entry decision also supported the detention ground. His health submissions did not make the detention disproportionate because medical care could be provided in detention.