Unveiling the Legal Battle: Afghan Refugees Fight Back Against the German Government
"Setting a model of incorrectness - Unjustifiably Wrong"
Get the lowdown on the heated legal skirmish unfolding at the Berlin Administrative Court as Afghan refugees stand up to the government over intimidation and potential deportation.
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Approximately 2400 Afghan women and men find themselves stranded in Pakistan despite promises of resettlement from Germany under the federal intake program. This program, initiated by the previous government, aimed to rescue endangered individuals from Afghanistan before the Taliban took over. However, the current federal government has halted all intake programs, leaving these individuals vulnerable to deportation back to Afghanistan.
Tilmann Röder, a legal whiz and director of the NGO Just Peace, played a crucial role in the federal intake program. Now, as part of a legal team, he represents some of the stranded Afghans challenging the federal government in court. In a candid interview with ntv.de, Röder delves into the details of the lawsuits and his beliefs on the government's political motivations.
ntv.de: A flurry of legal actions is hitting the Berlin Administrative Court: 25 cases aim to enforce the entry of these Afghan women and men currently in Pakistan. What's at the heart of these lawsuits?
Tilmann Röder: These lawsuits primarily target the issuance of visas for people in need of protection whose entry to Germany should not be impeded. They have all completed the steps of the federal intake program. The first case, filed by lawyer Matthias Lehnert four weeks ago, centers on a scientist and writer from Afghanistan. She served important state positions before the Taliban takeover, publicly advocated for democracy, and had already visited Germany for research purposes. As an outspoken woman, she faces significant threats from the Taliban. This is a case that screams "the federal government must issue a visa!" We are confident that the courts will concur.
ntv.de: With the federal intake program instituted to counter the Taliban's power grab in 2021, how intimately involved were you in the process?
I served as the head of case processing in the so-called coordination office for civil society within the federal intake program. Different organizations and institutions that have a long history with Afghanistan could propose potential candidates for intake. Our office was responsible for an initial assessment of particularly endangered Afghan women and men who were then passed on to the German authorities for further evaluation.
ntv.de: Who were the individuals involved in this program?
The federal intake program targeted civil society figures who had supported democracy, rule of law, freedom, and human rights in Afghanistan, as well as the most vulnerable people. This group includes primarily women and LGBTQIA individuals. Out of the 2400 Afghan women and men stranded in Pakistan, approximately half are part of the federal intake program. The others hail from local forces procedures, the human rights list, or the transition program. The critical distinction is: People from the federal intake program are better protected from revocation of their residence permits, which can only be done on an individual basis.
ntv.de: The federal government now wants to review each case again due to security concerns. While that is understandable, it carries questionable potential. Given that these cases have already been reviewed at least seven stations during the federal intake program, what's your take on this move?
There's no denying that revisiting each case is theoretically possible. However, it comes off as yet another excuse for withdrawing the admission offers from these people. All the checks have already been carried out, and to propose a fresh review seems disingenuous.
ntv.de: Do you see a political agenda behind this?
Absolutely. The aim here seems to be setting a political example. But the target group couldn’t be more wrong. These individuals embody the very values we uphold: ideals of the rule of law, democracy, freedom, and human rights. They deserve our solidarity. Beyond that, we've legally committed ourselves on a national level. Overturning decisions would generate negative consequences, particularly damaging our international reputation.
ntv.de: Adding to their precarious situation in Pakistan, Afghan refugees have also faced harsh treatment by the government. What have the stranded individuals been sharing with you?
The pressure on these unfortunate souls is immense. Once their Pakistani residence permits are no longer renewed, deportation becomes imminent. As a result, they are too terrified to leave their accommodations. Although they have shelter and food, they cannot pursue employment or education, and this has been their plight for years. This inhumane treatment appears to be an attempt to weary them. But it won't work. These individuals refuse to return to Afghanistan, where their safety is still very much at risk.
ntv.de: Are there likely to be more lawsuits surfacing?
These 25 cases deal with the primary individuals affected. However, it's safe to say that more lawsuits loom on the horizon. Some lawyers are just now preparing for court battles.
Interview with Tilmann Röder by Marc Dimpfel
Source: ntv.de
- Afghanistan
- Migration
- Pakistan
- Federal Government
- Taliban
- The legal actions at the Berlin Administrative Court, targeting the issuance of visas for individuals in need of protection, are not only a matter of immigration policy but also intertwine with politics and general-news, considering the Afghan refugees' fight against the German government.
- In the midst of the legal battle, the employment situation of the stranded Afghan refugees in Pakistan is precarious due to restrictions that prevent them from pursuing employment or education, a human rights issue that falls under crime-and-justice and community policy.
