Authorities given power to temporarily halt legal actions towards Afghans by court's decree
In a significant development, around 50 Afghan women and men are expected to arrive in Germany today, marking the resumption of a long-awaited journey for hundreds of Afghans who have been stranded in Pakistan.
The expected arrivals will be on a scheduled flight from the Pakistani capital, Islamabad, as reported by the German Press Agency. This decision follows a successful appeal by the Foreign Office against a ruling by the Berlin Administrative Court.
Hundreds of Afghans, including the plaintiff judge in this case, have been waiting in Pakistan for their departure since the halt in the visa issuance process. The court's ruling allows authorities to review previous visa decisions, as long as admission has not been guaranteed and legally binding.
The case involved a former high-ranking judge from Afghanistan, his wife, and their four children. In late 2022, the former judge was signaled a willingness to place him on a "transition list." However, when he applied for visas in early summer 2025, his application was rejected due to the suspension of entry within the programs.
The suspension of the visa programs for Afghans entering Germany was implemented by the new coalition government of Union and SPD at the beginning of May. The programs, based on political decisions, allow the federal government to review whether the previous political interest in admitting applicants still exists.
The court's decision permits the temporary halt of admission procedures for local personnel and people at risk due to their previous activities. The Higher Administrative Court of Berlin-Brandenburg has granted the federal government broad decision-making authority in the dispute over visa issuance for Afghans entering Germany.
It is worth noting that the organization "Kabul Airlift" has been partly supporting the Afghans fighting for visas in court. The organization's efforts have been instrumental in advocating for the rights of these individuals.
The Berlin Administrative Court has numerous pending proceedings involving Afghan women and men fighting for the issuance of a visa. The Higher Administrative Court has ruled on 28 expedited proceedings in the context of Afghanistan, but further cases are pending.
In a positive turn of events, approximately 210 of the around 2,000 people who were previously deported to Afghanistan are currently in contact with the Foreign Office.
While this decision marks a significant step forward, it is important to remember that additional visa requirements and security verifications still apply. The authority to change the decision regarding the issuance of visas for Afghans wishing to enter Germany in the coming weeks lies primarily with the German Federal Government, specifically involving the Foreign Office (Auswärtiges Amt). The court's ruling, however, clarifies that a willingness to admit does not yet constitute a claim to a visa.
This development underscores the ongoing commitment of the German government to support those in need, particularly in the context of the ongoing crisis in Afghanistan. As the situation continues to evolve, it is hoped that more individuals will be able to find safety and stability in Germany.
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