The applicant is an Afghan national whose asylum application in Germany was dismissed by the Federal Office for Migration and Refugees (BAMF) on 5 September 2017. On 14 November 2019, the Administrative Court from Sigmaringen dismissed the applicant's appeal and denied deportation protection. The applicant further appealed the decision, referring to a deterioration in the actual situation that occurred after the oral hearing before the court but before the first instance judgment became final, which allegedly requires a new assessment of the question of whether he will be able to secure his subsistence level in Kabul. 

On 9 July 2020, the Higher Federal Administrative Court of Baden-Württemberg allowed the applicant's further appeal and held that the first appeal decision was adopted at a time before the outbreak of the COVID-19 pandemic. In the meantime, the circumstances have changed, a situation which shows a fundamental need for clarification with regard to the crucial question of whether the actual conditions in Kabul have deteriorated as a result of the global COVID-19 pandemic to such an extent that capable adult men without maintenance obligations and without an existing family or social network are not in a position to earn their subsistence level, or would go into poverty, so that a violation of Article 3 ECHR and a national deportation ban is to be established. The court further noted that the answer to this question is important for a large number of comparable cases and, in the interests of uniformity of case law and the further development of law, requires clarification by the appeal court.