Questão jurídica principal
Whether the federal complaint against the cantonal return order was admissible as a complaint for denial or delay of justice.
Decisão extraída
The complaint was admissible under Art. 94 BGG because the challenged act was treated as a mere procedural communication causing delay, not as a formal return decision requiring the stricter rules for intermediate decisions.
Fundamentação extraída
A refusal or delay of justice can be complained of at any time. Although the cantonal act had features of a decision, its substance showed that the court had not finally decided the case but had postponed its own adjudication pending the government's response.