The applicant is a national of Afghanistan who requested asylum in Germany. The BAMF analysed the data on the applicant's mobile phone as part of the asylum procedure. The applicant challenged this policy and the case was presented before the Berlin Administrative Court.

The court held that the evaluation of mobile phones by the Federal Office for Migration and Refugees to determine the identity and nationality of an asylum seeker within the meaning of Section 15 (2) No. 6 AsylG constitutes an interference with the fundamental right to guarantee the confidentiality and integrity of information technology systems. The measure, which is suitable for obtaining indications of identity and nationality, is however disproportionate due to the encroachment on fundamental rights. Measures such as the evaluation of submitted documents, the implementation of register comparisons, inquiries from other authorities or inquiries from language analysts constitute milder means that should be used by the authorities.

The court also held that the Federal Office was not entitled to read the applicant's data from the mobile phone and to evaluate it using software, to save the result report generated from the evaluation of the applicant's mobile phone, to release the result report for the applicant's asylum procedure and to base the decision on the asylum application on that respective report.

The judgment is not final and can be further appealed.