Following the resolution of a legal battle: Germany is obligated to issue a visa to an Afghan woman - Following the court ruling: The U.S. administration is obligated to grant a visa to an Afghan woman
In a significant decision, the Administrative Court of Berlin ruled on July 7 that the German government is legally bound to issue visas to refugees who have been promised admission under the federal program for particularly endangered Afghan refugees. The Higher Administrative Court of Berlin-Brandenburg confirmed this decision upon request.
The case in question concerns a teaching assistant and her 13 family members who are currently waiting in Pakistan for departure to Germany within various admission programs. Since the German embassy in Kabul has been closed, they are undergoing a screening process in Pakistan.
The legal dispute arose when the German government failed to issue visas to the family, despite promises made under the federal admission program. The Berlin Administrative Court ruled in expedited proceedings that Germany is legally obligated to honor its visa commitments and must issue visas to the promised refugees. The court found the family’s risk of deportation and persecution by the Taliban credible and rejected the government's unilateral withdrawal from its commitments.
Although the court affirmed the government’s right to terminate or set conditions for the overall program’s future, it must honor promises already made. The government initially appealed this ruling but withdrew its appeal, making the court’s decision final. This decision enables families like the Afghan lawyer’s to receive visas.
Thousands of Afghans remain in limbo awaiting visa issuance, many in Pakistan. Over 2,000 people hold German admission permits but are yet to receive their visas.
This legal decision operates amid ongoing political complexities, including Germany’s non-recognition of the Taliban government and fluctuating refugee policies under the current coalition government. The court ruling thus clarifies the binding nature of visa promises in the admission program despite broader political debates and government discretion over the program’s future.
The federal admission program aims to protect around 38,000 high-risk Afghans by granting visas. These Afghans are either former local forces or considered particularly endangered.
It is worth noting that the individuals involved in this case pose no security concerns. Pakistani authorities have recently detained over 100 of the Afghan applicants waiting for admission to Germany and taken them to a detention center. However, the identity of the individuals involved in this case has been clarified.
This offers a comprehensive view of the program’s goals, legal challenges, and recent judicial decisions. The dispute and the subsequent court ruling highlight the importance of honoring commitments made to vulnerable refugees and the legal repercussions for failing to do so.
- The Berlin Administrative Court's decision emphasizes the need for the German government to follow its 'employment policy' in issuing visas to refugees, as shown in the case of the family seeking admission under the federal program for particularly endangered Afghan refugees.
- The court ruling on the Afghan refugee case serves as a reminder that 'policy-and-legislation' must be upheld, particularly within the context of 'politics' and broader national debates, affirming the binding nature of visa promises despite the government's discretion over the program's future.
