Barred at the Border: A Berlin Court Refuses Entry to Afghan Local Staff
Berlin court dismisses legal action brought forward by Afghan local employees - Berlin court dismisses Afghan's legal action
Winding up in a pickle, an Afghan local employee and his family are denied entry into Germany following a court ruling by the Berlin Higher Administrative Court (OVG). The man's lawsuit, seeking entry visas, was dismissed, as declared by the court itself. The man, a former instructor for literacy courses for Afghan police officers, was employed by the German Society for International Cooperation (GIZ) from 2014 until the Taliban seizure a few years ago.
The gentleman expressed concerns about his safety under the newly imposed regime. The OVG explained that the claimant had submitted a so-called danger report with the GIZ via email back in August 2021. However, no follow-up on resettlement was provided, and thus, the family filed a lawsuit in April 2022, demanding humanitarian visas to enter the Federal Republic.
Court Discards Lawsuit: No Visa Application Submitted
Subsequently, the responsible senate tossed the lawsuit. Their justification: "The plaintiffs have not submitted the necessary application for a visa at a German diplomatic mission." The danger report is not a visa application and cannot be equated to one. "Instead, the report serves as a preliminary step in the visa process and only triggers an internal bureaucratic political will-formation process," it stated.
The court emphasized that the admission of local staff into the federal territory must also safeguard the political interests of the Federal Republic of Germany. The OVG noted, "Whether this is the case is determined solely by the federal government in each individual situation within its broad political decision-making mandate." This regulation does not grant a right to admission.
A Mountain of Staff Awaiting in Pakistan
The Taliban's takeover of Kabul during the summer of 2021 led to the mass exodus of international forces. The ensuing turmoil at Kabul Airport saw Afghans, fearing the Taliban, scrambling to attach themselves to departing military aircraft outside. Recently, the German Bundestag released the final report of a committee investigating the events.
Presently, around 2,500 former Afghan local staff are lingering in Pakistan, aspiring to enter Germany. This cohort includes roughly 350 former employees of German institutions and their families, as per the Federal Ministry of the Interior. To date, over 36,300 Afghans have entered, including 20,800 individuals via the local staff process, according to the Federal Foreign Office.
No chance for appeal exists against the OVG's verdict. However, a complaint can be lodged with the Federal Administrative Court.
- The court's decision to dismiss the Afghan local employee's lawsuit, seeking entry visas, highlights the importance of the employment policy in determining the admission of local staff, as it safeguards the political interests of the Federal Republic of Germany, especially during times of war-and-conflicts like the Taliban takeover.
- The general news of the large number of former Afghan local staff, including those employed by German institutions, currently lingering in Pakistan waiting for entry into the Federal Republic, raises questions about the effectiveness of the community policy in addressing their safety concerns and ensuring their resettlement, considering the OVG's ruling that these employees must submit visa applications to initiate the process.
