The Berlin Administrative Court ruled to grant an Afghan family stranded in Pakistan entry visas to Germany.
The ruling was issued in expedited proceedings following an appeal by an Afghan woman and her family against the German government’s refusal to admit them.
The woman had previously received a promise of visas under the admission program for the most vulnerable Afghans.
According to the judgment, the German government is legally obliged to accept the refugees by issuing acceptance notifications and cannot unilaterally withdraw from this commitment, which it voluntarily undertook.
The Afghan family based their legal case on the risk of being deported from Pakistan to Afghanistan, which would endanger their lives under the extremist Taliban government.
The Court found the family’s claim credible and ruled that the government is obliged to grant them visas.
The Court also affirmed the German government’s right to terminate the admission program for Afghan citizens and to set conditions for its continuation or to refrain from making new admission pledges.
However, it is obliged to honor its commitment to the Afghan family that had already been promised admission.
According to a spokesperson for the Berlin Administrative Court, the government has the right to appeal the ruling before the Higher Administrative Court in Berlin.
In such a case, the enforcement of the ruling will be suspended until a decision is made on the appeal.
If the government does not appeal, the Foreign Ministry will be obliged to grant visas to the Afghan family.
The crisis of Afghan asylum seekers stranded in Pakistan has escalated due to delays by the German embassy in issuing visas, particularly as the Pakistani government seeks to deport them to Afghanistan.
According to the German Foreign Ministry, more than 2,400 people in Afghanistan are waiting for German visas. Among those stranded are judges, journalists, and artists who fought for equality and democracy.
Notably, Germany launched an admission program in 2022 for Afghan local staff who had worked with German institutions, aiming to provide an opportunity for the most vulnerable groups and their families to reach Germany.
However, the new federal government, led by the Union faction, agreed in its coalition agreement to terminate the voluntary admission programs.
German civil society organizations are working to assist Afghans stranded in Pakistan, while refugee-focused organizations are turning to the courts to press for the continuation of the admission program for the most vulnerable Afghans.
