Question juridique clé
Whether the federal migration office had standing and a sufficient current interest to challenge the release order in a detention pending removal case.
Solution extraite
The appeal could be examined without requiring a current interest only exceptionally, but that exception did not apply here; the appeal was therefore inadmissible.
Motifs extraits
Although the office may appeal to secure uniform application of federal law, the issue was no longer sufficiently concrete in the same way because the legal framework had changed as of 1 January 2007, including longer maximum detention periods and the new detention ground for insubordination.