Court rejects entry of Afghan family
Flummoxed Afghan Local Worker Rejected Entry into Germany's Sunlit shores
In a disappointing turn of events, a hardworking Afghan local employee and his family were turned away at the door of Germany by the Berlin Higher Administrative Court (OVG). The rejection came after their lawsuit for entry visas was dismissed. This dedicated individual had been providing literacy lessons to Afghan police officers through the German Society for International Cooperation (GIZ) from as early as 2014, until the Taliban rose to power.
In his distress, he viewed Afghanistan as an unsafe haven under the new leadership. He filed a so-called 'danger report' with the GIZ, via email, back in August 2021. However, no resettlement plan was presented subsequently, prompting the family to file a lawsuit in April 2022 for humanitarian visas for entry into the Federal Republic.
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OVG: Danger Report isn't a Visa Application on Wheels
The ruling senate has since dismissed their lawsuit, citing the absence of a formal visa application submission to a German foreign representation. According to the court, submitting a 'danger report' is not equivalent to submitting a visa application, and it merely serves as an initial part of the visa process, triggering an internal administrative political decision-making procedure.
Residential Admission: To Serve and Protect German Interests
The court also declared that the admission of local workers within the federal territory has to serve "the protection of political interests of the Federal Republic of Germany." Whether this condition is fulfilled lies solely within the Federal Government's broad political decision-making remit. This assertion does not equate to a right of entry.
A Sea of Afghan Workers Stranded in Pakistan
After the Taliban took Kabul in 2021, a whirlwind of chaos erupted as international forces hastily decamped, and countless Afghans anxiously clung to departing military aircraft. The Bundestag recently published a final report on the matter. Approximately 2,500 former Afghan local workers are currently marooned in Pakistan, eagerly awaiting their chance in Germany. This group includes roughly 350 former local workers of German institutions along with their families, as per the Federal Ministry of the Interior. According to the Federal Foreign Office, around 36,300 Afghans have entered Germany so far via various resettlement programs, with 20,800 being former local workers and their families.
No further legal recourse is available against the OVG's decision. However, a complaint may be lodged with the Federal Administrative Court.
Enrichment:Following the Taliban's takeover in Afghanistan in 2021, Germany set up programs to resettle former Afghan local workers facing potential persecution. Here's a peek at the current policies and procedures governing their resettlement in Germany:
- Admission Programs: Germany has welcomed approximately 36,000 Afghans since the Taliban's takeover, with specialized programs geared towards safeguarding those who worked as local staff in German institutions. However, the longevity of these programs is in question under the newly elected German government.
- Visa Procedures: Legal challenges have arisen as Afghan families have pressed to expedite visa processing.
- Deportation Concerns: Deportations from other countries, particularly Pakistan, have raised concerns about their impact on Afghans awaiting resettlement.
- Resettlement Commitments: Despite commitments to welcome refugees, there is apprehension about rising deportations, which could affect Afghan refugees awaiting resettlement.
The future of these programs is uncertain due to political changes and international pressures. The new German government's stance on these programs is questionable, and EU policies on migration and asylum could impact Germany's approach to resettling Afghan refugees.
- In the landmark case of the Afghan local worker, the Berlin Higher Administrative Court (OVG) highlighted that a 'danger report' is not a substitute for a formal visa application, and the admission of local workers into the Federal Republic of Germany needs to serve political interests of the country, as per the court ruling.
- The ongoing situation of Afghan workers stranded in Pakistan, including former employees of German institutions, underscores the complexities and political implications surrounding the resettlement of Afghan refugees in Germany, a process fraught with legal challenges and uncertain outcomes under the newly elected German government.
