Stranded Afghans Sue Germany: A Battle for Solidarity and Truth
"Setting a Misguided Example - Completely Astray"
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Over 2400 Afghan women and men find themselves in limbo in Pakistan, despite Germany's promises to take them in. The previous federal government's intake program aimed to select, verify, and bring particularly threatened individuals from Afghanistan to safety before the Taliban seized power. However, the new government has put a halt to all intake programs, leaving the stranded individuals at risk of deportation back to Afghanistan.
Tilmann Röder, an attorney and director of the NGO Just Peace, played a crucial role in the federal intake program. Now, he is part of a team suing the government on behalf of some of these devastated individuals. In an interview with ntv.de, Röder shares the case details and insights into the political factors that drive the federal government's actions.
ntv.de: legal actions surge into Berlin's Administrative Court, seeking entry for Afghan women and men stranded in Pakistan. Can you explain what these lawsuits are about?
Tilmann Röder: These lawsuits primarily seek visas for threatened individuals whose travel to Germany should no longer be obstructed. Each has completed the procedures of the federal intake program. Our first plaintiff, whose lawyer, Matthias Lehnert, filed the lawsuit four weeks ago, is an Afghan scientist and author. Involved in significant state positions before the Taliban takeover, she actively promoted democracy. Being a politically-active woman, she faces the brunt of the Taliban's wrath. Our contention is simple; the federal government must issue a visa. We confidently believe the courts will uphold this decision.
How are you involved in the federal intake program?
I oversaw case management in the coordination office of civil society within the federal intake program. Numerous organizations and institutions working with Afghanistan could propose and assess potential candidates. Our office reviewed the initial case logic for promising Afghan women and men.
Who were these people?
The federal intake program targeted civil society members who supported democracy, legal reforms, freedom rights, and human rights in Afghanistan. This includes, especially, women and people from the LGBTQIA+ community. Of the approximately 2400 Afghan women and men in limbo in Pakistan, around half hail from the federal intake program. The others originate from local forces procedures, the human rights list, or the bridging program. Although the latter are legally less secure, they can only have their residence permit revoked in specific cases.
Why do you believe the federal government's actions are political in nature?
It appears evident to me that a political example is being set here, but one that unjustly targets an ideal group. These people embody the values we hold dear—ideals of the rule of law, democracy, freedom, and human rights. We should be supporting these individuals. Secondly, the government has legally commitment itself to these individuals. Revoking these commitments raises significant issues, especially as these people have already made significant financial investments (e.g., selling their homes) for their relocation to Germany. If the federal government reneges on this commitment, it could harm our international standing.
While the government may cite security concerns, completing these individuals' cases at least seven times in the federal intake program casts doubt on the need for additional evaluations. However, reopening these cases may serve as a pretext to rescind the admission offers extended to them.
Interview by Tilmann Röder with Marc Dimpfel
Keywords: Afghanistan | Migration | Pakistan | Federal Government | Taliban
The Afghan community faces a complex situation in Germany, with high levels of bankruptcy and stalled asylum cases. Though it remains uncertain whether any lawsuits specifically targeting the intake delay under the federal program have emerged, Afghan refugees and advocates grow increasingly frustrated and uncertain amid the extended legal limbo and the hoped-for protection they seek [1-3].
- The lawsuits filed in Berlin's Administrative Court by Tilmann Röder, an attorney and director of Just Peace, aim to secure visas for stranded Afghans, particularly threatened individuals who have completed the procedures of the federal intake program, but whose travel to Germany has been obstructed.
- These lawsuits are being seen as politically motivated, as the federal government's actions toward the stranded Afghans, who embody the values of rule of law, democracy, and human rights, appear to be setting a harmful example and potentially damaging Germany's international standing, according to Tilmann Röder.
