Sanel M. was convicted and sentenced to three years in prison in 2015 for gross bodily harm with fatal consequences after he hit a woman in the head, ultimately leading to her death.
A court ruled earlier this month in agreement with immigration authorities that he should be deported to Serbia, but now Sanel M. is now challenging that decision, a court spokeswoman told DPA on Monday.
An administrative court in Kassel will now hear the appeal.
A Wiesbaden court had ruled about two weeks ago that Sanel M. presented a public security threat if he stayed in the country. This decision was in part due to his original conviction, and a psychological assessment conducted in prison.
Not only had Sanel M. violated prison rules multiple times, but his actions there had also prompted disciplinary and criminal procedures.
Though he had shown more positive change over time, the court ruled that he was still considered to be a long-term risk. And while Sanel M.'s family lives in Germany, the court said that he would still be able to form new bonds in Serbia, though it would at first be difficult.
In November 2014, the young woman, Tugce Albayrak, had confronted Sanel M. in a car park in Offenbach for harassing two young girls inside a McDonald's. Sanel M. struck her across the head, causing her to hit the ground and fall into a coma. The scene was captured on surveillance video and broadcast on national media, bringing greater attention to the attack.
Days later her family switched off her life-support system on her 23rd birthday, sparking a wave of sympathy in Germany amid widespread revulsion over the assault.
About 1,000 mourners attended Albayrak's funeral and a mass online petition called for her to be posthumously awarded the Bundesverdienstkreuz (Federal Order of Merit) for her bravery. Chancellor Angela Merkel called Albayrak a “role model” and President Joachim Gauck said she showed “bravery and civil courage in an exemplary way”.