Question juridique clé
Whether enforcement detention under Art. 78 AuG was lawful because removal could not be enforced without the appellant's cooperation.
Solution extraite
The detention was lawful: the removal order was final, the appellant still refused to cooperate, no other less coercive measure was apparent, and return to Iran remained impossible without his consent.
Motifs extraits
Under Art. 78 AuG, enforcement detention is permissible where a legally binding removal cannot be carried out in the foreseeable future without the person's cooperation and a change in behaviour is to be induced. That was the case here.