The case concerned a third country national from Pakistan, who was in detention pending deportation and his wife was suffering of a mental illness, with the state of health deteriorating significantly due to the detention pending deportation and the imminent deportation of her spouse.

The applicant was rejected asylum by decision of 16 November 2016 and was confirmed by the regional administrative court of Frankfurt in June 2017. On 22 July 2021, the applicant was arrested and the District Court of Gelnhausen ordered the detention of departure until 25 July 2021. On 23 July 2021, the applicant refused to take the return flight. On 27 July 2021 the applicant submitted evidence that his wife suffers of a severe adaptation disorder, existent since she was a child and manifested with panic attacks and depressive disorders. The imminent deportation of her spouse led to a deterioration of her mental state and to a post-traumatic stress disorder.

On 3 August 2021 the applicant made a complaint and argued that the deportation infringed his rights under Article 6 of the Basic Law. An interim measure was allowed. The applicant alleged that his wife is seriously ill, that she is stablised by him and freed from fear in his presence.

The district court of Frankfurt ruled that when there is a need for assistance from the person who is subject to deportation and the illness of the wife is not taken into account when assessing the detention measure, then there is a violation of the right to the protection of marriage and family under Article 6(1) of the Basic Law. The court ruled that the detention order was unlawful, despite the existence of grounds for detention because the local court failed to sufficiently investigate the medical opinions and the intensification of the disease as a result of the applicant detention for deportation.