An Iraqi national was granted refugee protection in April 2016 and had the status revoked in April 2018, on the grounds that he had committed a serious non-political crime in Iraq before being admitted as a refugee and had acted contrary to the purposes and principles of the United Nations. In June 2021, the Higher Regional Court sentenced him to five years and ten months for degradation and humiliation of a person to be protected under international humanitarian law in connection with a non-international armed conflict in conjunction with aiding and abetting the killing of a person to be protected under international humanitarian law in connection with a non-international armed conflict and aiding and abetting murder and membership in a terrorist organization abroad.

In March 2023, the Berlin Senate Department for the Interior and Sport ordered his deportation to Iraq in accordance with Section 58a of the Residence Act (AufenthG). At the same time, it issued an indefinite entry and residence ban in accordance with Section 11 Paragraph 5b of the Residence Act. The applicant's request for suspensive effect was rejected and he was deported to Iraq in June 2023 and has been in custody there since then.

The Federal Administrative Court confirmed the deportation order as lawful.

The court noted that according to Section 58a of the Residence Act, a foreigner can be deported without prior expulsion to avert a particular threat to the security of the Federal Republic of Germany or a terrorist threat. It observed that the necessary, fact-based risk prognosis requires a threat situation in which the risk of a security-endangering or terrorist act posed by the foreigner can be updated at any time and turn into a concrete danger. The court noted that it had previously decided that a danger within the meaning of Section 58a Paragraph 1 Sentence 1 of the Residence Act can also exist if the foreigner is not ideologically radicalized himself, but allows himself to be instrumentalized by third parties for acts of violence in the knowledge of their ideological goals, or if he puts himself in the service of a terrorist organization at home or abroad and, knowing that their ideological radicalization has led to them, willingly supports them by committing serious crimes without subsequently visibly and credibly refraining from his actions. The court considered these conditions to be met in the present case and concluded that at the relevant time of assessment of the deportation, the plaintiff posed a considerable danger to the security of Germany and an equally considerable terrorist danger, even if the security authorities were not aware of any specific plan to carry out a terrorist act of violence. It also added that on the basis of several diplomatic assurances from the Republic of Iraq, it was assumed that the third country national was not at risk of torture or inhuman or degrading treatment or punishment within the meaning of Article 3 of the European Convention on Human Rights in his country of origin.