Suspension of Visas for Afghans by First Instance Court
The German Higher Administrative Court of Berlin-Brandenburg has provisionally stayed a ruling from the Berlin Administrative Court, preventing the issuance of visas to an Afghan woman and her 13 family members seeking asylum in Germany. This suspension was put in place to prevent any irreversible actions before a final decision on the matter is made, which is expected by the end of August 2025.
The dispute arises from the German government's decision to end its resettlement program for vulnerable Afghan nationals. The Berlin Administrative Court had initially ruled in favour of the family, affirming that the government was legally bound by valid, unrevoked approvals for their resettlement visas and could not withdraw these commitments unilaterally. The court also found no security concerns about the family's identity and credible evidence indicated that their return to Afghanistan under Taliban rule would place their lives at risk.
In response, the German government has lodged an appeal against this ruling. Consequently, the Higher Administrative Court issued the provisional stay to halt visa issuance until the appeal is resolved. This step is intended to ensure that no irreversible visa issuance occurs prior to the final judgment.
This case is part of a broader context where Germany has suspended its humanitarian visa program as of July 2025 and paused participation in the UN refugee resettlement program, restricting family reunifications and tightening asylum pathways for Afghans and others. As a result, thousands of Afghans, including the family in question, are currently waiting for decisions in countries like Pakistan. The German government asserts it continues to manage accommodation and support for those awaiting processing outside Germany during this period.
The family in question, consisting of a teaching assistant and 13 family members, is among the approximately 2,400 people in Pakistan who are currently waiting to receive a visa. The family fears deportation to Afghanistan, where their lives would be endangered under the rule of the Islamic Taliban, a fear considered credible by the court.
The OVG has issued an interim decision in response to the appeal, and the case is still pending, with deadlines for statements still running. The court's action is intended to prevent facts from being created before a final decision is made. The current status is that the family is waiting for a decision in Pakistan.
[1] Source [2] Source [3] Source [4] Source
- The ongoing court case regarding the Afghan family seeking asylum in Germany involves policy-and-legislation, as it revolves around the German government's decision to end its resettlement program and its appeal against a ruling that affirmed the family's valid, unrevoked approvals for resettlement visas.
- This legal dispute, which has resulted in a provisional stay on visa issuance, is a significant event in the broader context of politics, as it reflects Germany's broader policy changes in response to the immigration crisis, including the suspension of its humanitarian visa program and participation in the UN refugee resettlement program.
