Court suspends decisions on Afghani visa applications at initial hearing
In a significant development, a German court has ruled that the federal government must issue visas to an Afghan family at risk of persecution by the Taliban. The family, currently residing in Pakistan, had received a legally binding commitment under a priority admission program for at-risk Afghans.
The administrative court in Berlin emphasized that while the government has the right to decide whether to continue or end the admission program, it cannot rescind commitments already made to individuals like this family. The ruling is subject to appeal by the Foreign Ministry.
The dispute revolves around the government’s refusal to honor promises to grant visas to at-risk Afghans who were previously approved. The Higher Administrative Court of Berlin-Brandenburg, however, has upheld the family’s right to entry despite the program’s suspension.
The Higher Administrative Court of Berlin-Brandenburg has provisionally stayed a ruling that would allow the Afghan woman and her family to enter Germany. The responsible 6th Senate of the Higher Administrative Court intends to make a decision as soon as possible, but no later than the end of August. The provisional stay prevents any further actions until a final decision is made.
The identity of the family has been clarified. They are 14 individuals, including the woman, who fear deportation to Afghanistan, where their lives would be endangered under the rule of the Islamic Taliban. These individuals are reportedly people who have campaigned for equality and democracy.
Approximately 2,400 people in Pakistan are waiting to receive a visa. The federal government, despite making promises to the teaching assistant and her family, has not yet issued the necessary visas. The government has lodged an appeal against the court decision.
The federal government has stated that for people staying in Pakistan, accommodation, supply, and care would be organized locally by the federal government. However, the details of these arrangements remain unclear.
The Higher Administrative Court's spokesman told the German Press Agency about the provisional stay. Deadlines for statements are still running in the case. The court is handling about 40 similar cases individually.
This court ruling contrasts with the resumption of deportations of Afghans with failed asylum claims and criminal records under Chancellor Friedrich Merz's government, a move criticized by human rights groups but defended by officials as fulfilling coalition promises.
The court dispute centers on the government’s refusal to honor promises to grant visas to at-risk Afghans who were previously approved, with the court currently upholding the family’s right to entry despite the program’s suspension. The final outcome remains pending, as the federal government has lodged an appeal.
- The court dispute over the government's policy-and-legislation on visa issuance for at-risk Afghans, specifically regarding the family in question, is currently ongoing.
- The politics surrounding the general-news topic of visa issuance for at-risk Afghans is centered on the government's obligation to honor commitments made under priority admission programs, as upheld by the Higher Administrative Court.
