Questão jurídica principal
Whether the extension of removal detention until 2012-09-22 was lawful.
Decisão extraída
Yes. The detention extension was lawful because the appellant was under a final removal order, had not cooperated with the authorities, and the removal flight was still foreseeable.
Fundamentação extraída
The court found a risk of absconding from repeated refusals to return voluntarily and from the refusal to board an arranged flight. Under Art. 79(2) AuG, detention may be extended beyond six months up to 18 months where the person does not cooperate. The planned special flight to Congo remained imminent.