Questão jurídica principal
Whether the removal detention was lawful, in particular whether there was a risk of absconding and a realistic prospect of removal.
Decisão extraída
Yes. The appellant had been finally ordered to leave Switzerland, did not comply, was found with cocaine, repeatedly refused to return, and thus presented a risk of absconding; the authorities were pursuing removal diligently.
Fundamentação extraída
The court held that the asylum and removal issues were no longer part of detention review. The appellant's conduct supported a risk of absconding under Art. 76(1)(b) lit. b nos. 3 and 4 AuG, and there was no basis to say that removal was not feasible in the foreseeable future.