U.S. State Department Potentially Imposes Fines on Afghans due to Visa Delays
The Berlin Administrative Court has issued a ruling that mandates the Federal Foreign Office to fulfill all visa obligations towards Afghans accepted into German admission programs, particularly those with admission assurances. This decision reverses any suspension of visa issuance in these cases.
The court ruling, based on urgent decisions, states that the Federal Foreign Office is legally obliged to issue visas to Afghans who have been granted admission assurances to Germany under the federal admission programs. This includes Afghans accepted in humanitarian programs and those who face dangers if forced to remain in countries like Pakistan. The court ruled that these admission commitments are "irrevocable" and must be honored immediately.
Despite the ruling, over 2,000 Afghans with admission permits are still waiting in Pakistan, suggesting official delays or backlog in implementing the court orders. The visas for many of these Afghans have expired.
The Berlin Administrative Court has even threatened the Foreign Office with fines to ensure compliance, indicating judicial pressure to enforce the visa issuance. A spokesperson for the Administrative Court confirmed the matter to "Die Welt."
In some cases, the Federal Foreign Office has lodged an appeal with the Higher Administrative Court (OVG) Berlin-Brandenburg. However, at least one appeal for the suspension of the enforcement of a decision has been rejected by the OVG Berlin.
The court has demanded that the Federal Foreign Office present its steps for visa issuance by Wednesday, 2 pm, or face penalties. Among those who filed a complaint was a lecturer waiting for visas with 13 family members in Pakistan.
The Pakistani authorities have recently intensified their efforts to deport the Afghans, adding urgency to the situation. The government retains the right to end these admission programs and stop issuing new commitments going forward, but existing commitments remain legally enforceable.
The Federal Foreign Office has not issued visas to these 2,000 Afghans despite the urgent decisions by the Berlin Administrative Court. The office did not respond to a request from "Die Welt" about the matter within the set deadline.
The VG Berlin has previously issued 20 similar urgent decisions, stating that Afghans waiting for visas under the federal admission program must be issued visas. The current status, as per the Berlin Administrative Court's urgent decisions, is that the Federal Foreign Office is legally bound by valid, non-revocable admission assurances, according to the VG. The Administrative Court is yet to receive a response from the Federal Foreign Office before issuing a decision.
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