Stuck in Limbo: The Struggle of Afghan Refugees Awaiting Germany's Promise
"Establishing an erroneous model - for the utterly misguided"
Hanging in the balance, over 2400 Afghan refugees find themselves stranded in Pakistan, victims of broken promises from the German government. These promises were made under the federal intake program, a project aimed at saving particularly threatened individuals from the Taliban takeover. However, the new federal government has brought a halt to all intake programs, leaving these refugees at risk of deportation back to Afghanistan.
Tilmann Röder, a lawyer and head of the NGO Just Peace, played a significant role in the federal intake program. He is now part of a legal team suing the government on behalf of some of these stranded Afghan refugees. In an interview with ntv.de, Röder shares insights into the affected individuals and the government's questionable actions.
ntv.de: A flurry of lawsuits is gathering momentum in the Berlin Administrative Court: 25 cases of Afghan refugees in Pakistan seeking entry into Germany. What's the focus of these lawsuits?
Tilmann Röder: The central goal of these lawsuits is to secure visas for individuals in dire need of protection whose departure to Germany should have already been arranged. These refugees have completed the requirements of the federal intake program. The initial plaintiff, whose lawsuit was filed four weeks ago by lawyer Matthias Lehnert, is an Afghan scientist and author who held prominent government positions before the Taliban takeover, actively advocated for democracy, and previously conducted research in Germany. As a politically active woman, she is particularly vulnerable to the Taliban. This is a case where we argue that the federal government must issue a visa. We firmly believe that the courts will now rule in our favor: The federal government must keep its promises.
Politics Today: Lawsuit in Berlin: Afghan Refugees Facing Deportation in Pakistan The federal intake program was a response by the previous traffic light government to the Taliban's power grab in 2021. It aimed to facilitate legal migration for especially endangered individuals, without hazardous flights and central control. How were you involved in this process?
I was the head of case management in the so-called Civil Society Coordination Office in the federal intake program. In this program, various organizations and institutions with a connection to Afghanistan could propose and evaluate potential intake candidates. Our office was responsible for an initial selection of particularly endangered Afghan refugees, which was then forwarded to German authorities for further review.
Who are these people exactly?
The intended audience of the federal intake program were individuals from civil society who contributed to strengthening democracy, rule of law, freedom rights, and human rights in Afghanistan, as well as those who were especially vulnerable, particularly women and the LGBTQIA+ community. Around half of the 2400 Afghan refugees marooned in Pakistan originate from the federal intake program. The rest come from the local forces procedure, the human rights list, or the transition program. The main distinction lies in the fact that those from the federal intake program have more robust legal protection against the withdrawal of their residence permit, which can only occur on an individual basis.
Politics Today: Union Vows to Scrap All Programs Despite existing intake programs in Germany, the federal government intends to reassess each individual case again—for security reasons.
While re-examination is possible, it's not overly likely, especially in the case of the federal intake program, where each case was scrutinized at least seven times. Initially, NGOs and institutions suggesting the candidates prepared the cases. Then came our coordinating office, followed by the relevant federal government departments, the German Society for International Cooperation, the Federal Office for Migration and Refugees, and finally the federal police and security authorities. Each of these checks has already been completed. If the federal government suggests it wants to reopen this, it appears more like they're searching for excuses to withdraw the offer of admission from these people.
Do you see political machinations behind this?
In my opinion, it's evident: They aim to set an example in migration policy. However, these individuals are exactly those who embody our values: the ideals of the rule of law, democracy, freedom, and human rights. They are the people Germany should extend solidarity to. Furthermore, we have legally obligated ourselves. Reversing this decision could create significant problems, especially since these people have left Afghanistan and incurred substantial expenses to do so. Some have sold their homes. If the federal government reneges on these individuals, it also risks damaging our international reputation.
In addition to the uncertainty, the Pakistani government is showing increased hostility towards Afghan refugees. Even those with visas could soon face deportation. What messages are we receiving from the stranded Afghan men and women?
ABC News Headlines: Aircraft Lands in Leipzig Admission of 138 Afghans Union Urges Scrutiny The tension on these people is immense. As soon as their Pakistani residence permits are not renewed, deportation becomes imminent. This fear keeps them near their accommodations. Although they have shelter and food provided, they cannot participate in employment or have their children educated. This situation has dragged on for years in some cases. They are being treated disrespectfully. The intention seems to be to wear them down. However, that won't work. These people are not planning to voluntarily return to Afghanistan. There, they are at risk, and the worst could happen to them.
Now, the cases of some of the affected individuals are heading to court. Are there more lawsuits to be expected?
The 25 lawsuits pertain to the principal individuals involved. Along with their relatives, this affects around 80 to 100 people. Yet, there will undoubtedly be more. Some lawyers are just beginning to prepare their cases.
Interview by Tilmann Röder, Marc Dimpfel
AfghanistanMigrationPakistanFederal GovernmentTaliban
Enrichment Data:Research suggests that Afghan refugees in Pakistan risk being sent back to Afghanistan due to Pakistan's strict enforcement of its repatriation policy, even if they have pending resettlement cases in third countries like Germany. International organizations like Amnesty International, UNHCR, and the Committee to Protect Journalists condemn Pakistan's actions, arguing that they violate the principle of non-refoulement—the international legal obligation not to return refugees to countries where they face serious threats to their lives or freedom. Specifically, Amnesty International has called for an immediate stop to deportations and extensions of legal status for Afghan refugees, especially those awaiting relocation to third countries. The complexity of the situation stems from the bureaucratic delays in processing third-country visas and the large number of people stuck between Pakistan's enforcement measures and the slow pace of international resettlement processes, potentially exposing vulnerable refugees to persecution.
The lawsuits in the Berlin Administrative Court aim to secure visas for Afghan refugees who have completed the requirements of the federal intake program and are in dire need of protection. These refugees are politically active individuals, such as an Afghan scientist and author, who are particularly vulnerable to the Taliban. The central goal of these lawsuits is to compel the federal government to issue visas to these refugees, as the government made promises to them under the federal intake program.
Politically, the federal intake program was established in response to the Taliban's power grab in 2021, with the aim of facilitating legal migration for especially endangered individuals. Tilmann Röder, a lawyer and former head of the Civil Society Coordination Office in the federal intake program, argues that these individuals are those who embody our values and deserve Germany's solidarity. However, the federal government has faced criticism for its intent to reassess each individual case again, potentially searching for excuses to withdraw the offer of admission from these refugees.
