Jugement Kantonsgericht (VD - HC/2020/151)

Canton:	VD
Case number:	HC/2020/151

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/151 vom 25.03.2020 (VD)

Date:	25.03.2020
Force of law:	-

Summary:	The Federal Supreme Court has ruled that the new regulation of coercive measures in the law on foreigners also applies to cases in which the deportation detention has still been ordered on the basis of the old law. The deportation detention that has expired under the old law is in principle to be credited to the new maximum period of 18 months. The new regulation entered into force on 1 January 2007. The Federal Supreme Court has dismissed X.'s appeal against deportation detention. X. must leave Switzerland. More detailed summary: The complainant X. was a person from Liberia who had unsuccessfully applied for asylum in Switzerland. She was placed in deportation detention for three months on August 9, 2005. An application for an extension of his detention was rejected on 17 November 2005, and X. was released. On October 6, 2006, she was again taken into deportation custody, and on January 5, 2007, the detention was extended for six months until July 5, 2007. X. filed a complaint against the deportation detention. She argued that the new regulation of coercive measures in the law on foreigners was not applicable to her case, since she had already been taken into deportation custody before the new regulation came into force. The Federal Court dismissed the appeal. It decided that the new regulation also applies to cases in which the deportation detention has still been ordered on the basis of the old law. The deportation detention that has expired under the old law is in principle to be credited to the new maximum period of 18 months. In this case, X. had already spent six months in deportation detention before the new regulation came into force. The new regulation provides for a maximum period of 18 months. Since X. had already spent six months in deportation detention, she could no longer be held in deportation detention. The Federal Court dismissed X's appeal. X. must leave Switzerland.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 123 CPC;Art. 157 CPC;Art. 236 CPC;Art. 296 CPC;Art. 298 CC;Art. 308 CPC;Art. 310 CPC;Art. 311 CPC;Art. 317 CPC;Art. 57 CPC;Art. 74 LTF;Art. 92 CPC;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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