Questão jurídica principal
Whether the extension of preparatory detention under Art. 75(1)(f) AuG was lawful and proportionate.
Decisão extraída
The detention extension was lawful: the appellant entered illegally, had no permit, and filed for asylum only after arrest to delay removal; the extension to 13 March 2009 was proportionate.
Fundamentação extraída
The factual findings showed an illegal stay and a belated asylum request aimed at avoiding removal. Under Art. 75(1)(f) AuG this constitutes a valid detention ground. Given the expected prompt completion of the asylum process and the relatively short total detention period, the measure remained proportionate.