Court decision on Visas for Afghans temporarily delayed by Lower Court
The German government is currently in the midst of a legal battle over the Afghan refugee visa program, as it appeals a court ruling that requires the issuance of visas to a specific Afghan family facing credible threats from the Taliban.
The family in question, a woman and her 13 relatives, are currently in Pakistan and have been promised visas as part of the federal government's resettlement program for particularly endangered Afghans. However, the current conservative administration, led by Chancellor Friedrich Merz, has sought to halt the program, prompting the government to appeal the court's initial decision.
The government argues that it has the right to decide whether and under what conditions to continue the Afghan visa program, despite the court ruling that it cannot retract visas already promised to specific families. The government's appeal aims to pause irreversible visa issuance until a final court judgment is reached.
The case is currently in the hands of the Berlin-Brandenburg Higher Administrative Court, which provisionally suspended the earlier ruling on July 31, 2025. This decision prevents visa issuance to the family until a final ruling is expected by the end of August 2025.
The Higher Administrative Court's interim ruling was issued in response to the federal government's appeal, as it seeks to prevent facts from being created before a final decision is made. The federal government cannot free itself from this voluntary commitment, as ruled by the Administrative Court.
The family in question fears deportation to Afghanistan, where their lives would be endangered under the rule of the Islamic Taliban, as considered credible by the court. The Federal Ministry of the Interior has stated that accommodation, supply, and care will be organized locally by the federal government for people in Pakistan who are waiting for visas, including the family in question.
The dispute over the visas is not an isolated incident. Approximately 2,400 people in Pakistan are currently waiting to receive a visa, as per the Foreign Office's figures from mid-June. The Higher Administrative Court intends to make a decision on this case as soon as possible, but no later than the end of August, which will determine whether the family can enter Germany.
The family in question consists of a law lecturer and her 13 family members, who have campaigned for equality and democracy in Afghanistan. The Higher Administrative Court's decision will be closely watched, as it could set a precedent for other similar cases. The case remains unresolved, pending the forthcoming final court decision expected soon.
- The migration policy-and-legislation of the German government is under scrutiny due to the ongoing legal battle over the Afghan refugee visa program, a dispute that has wider implications for crime-and-justice and general-news, given the potential threats faced by specific Afghan families and the large number of refugees waiting for visas.
- The current conservative administration, led by Chancellor Friedrich Merz, is pushing against the Afghan visa program, arguing for policy-and-legislation rights to halt or dictate the conditions of visa issuance, despite court rulings that have already promised visas to endangered Afghans like the family in question.
- The Afghan refugee visa program, war-and-conflicts, and politics are tightly intertwined, as illustrated by the legal battle over the Afghan visa program and its potential impact on refugees like the woman and her 13 relatives, whose future resides in the hands of ongoing policy-and-legislation debates.
