Afghans eligible for protection | Federal government must issue visas to Afghans with approval

For the third time in a short period of time, the German government has received judicial confirmation that measures it has imposed are unlawful. On Tuesday, the Berlin Administrative Court ruled that the Federal Foreign Office must issue visas to an Afghan woman and her family to enter Germany, as corresponding commitments had already been made. The decision was made in expedited proceedings in a dispute over the federal admission program for particularly vulnerable Afghans. The judges explained that the German government had "legally bound itself to accept refugees through final, unrevoked admission notices." Germany cannot "extinguish this voluntarily entered into commitment."

The urgent application by the law professor and her 13 family members, who are waiting for visas in Pakistan, was thus successful in the first instance. According to the court spokeswoman, the Federal Foreign Office is obligated to act immediately following the decision. However, an appeal against the decision can be filed with the Berlin-Brandenburg Higher Administrative Court. Should the authority do so, delays could occur.

In their coalition agreement, the CDU, CSU, and SPD agreed not to launch any new voluntary federal admission programs for specific groups of people in need of protection and to terminate ongoing ones "as far as possible." For the Federal Ministry of the Interior, which is jointly responsible for the admission program with the Federal Foreign Office, this is the third court defeat within a few weeks. At the beginning of June, another chamber of the Berlin Administrative Court declared the expulsion of three asylum seekers from Somalia to Poland unlawful. On June 24, the Federal Administrative Court lifted the ban on the extreme right-wing magazine "Compact," which had been imposed a year earlier by then-Federal Minister of the Interior Nancy Faeser (SPD).

Judge: Government may end program

In their ruling, the judges also emphasize that the Federal Government is free to decide whether to terminate the admission process for Afghan nationals. It may also refrain from making new admission commitments. In the present case, however, those affected can rely on the commitments already made.

According to the responsible 8th Chamber, admission promises have become final for the woman and her family. Furthermore, the people concerned meet the requirements for a visa: no security concerns are apparent, and their identities have been established. The family claims they face deportation from Pakistan to Afghanistan, where their lives are in danger under the rule of the radical Islamic Taliban. The court found this credible.

After the Taliban returned to power in August 2021, various admission procedures for people from Afghanistan were established. The traffic light coalition had originally planned to organize their departure to Germany during the current legislative period. This was not realized because early elections were called after the FDP withdrew from the coalition. The last charter flight organized by the federal government for people from the federal admission program landed in Leipzig on April 16.

Politicians from the CDU/CSU and SPD parties were outraged by this. The new federal government of the CDU, CSU, and SPD then halted the programs at the beginning of May. According to information from the Federal Foreign Office on June 20, around 2,400 people are waiting for a visa in Pakistan. These are people who have fought for equality and democracy in Afghanistan, including judges, journalists, and artists.

The court did not rule on whether the German government would have to organize additional charter flights to Germany for those affected. This means that the Afghans who have been granted asylum might have to organize and finance their own travel to Germany. This could be difficult, as many of them no longer have financial resources due to the long wait in Pakistan.

Organization wants to force continuation

With numerous lawsuits, the organization "Kabul Airlift" is seeking to force the continuation of the reception program for particularly vulnerable people. Those affected left their homeland in reliance on German promises, spokeswoman Eva Beyer explained in June, when the first 26 cases were filed in Berlin. The organization stated that the current court ruling is not just a case-by-case decision. The judges made it clear: "The federal government is legally obligated to implement the promises, and to do so quickly. Otherwise, irreversible damages threaten."

According to the court, it has received approximately 40 cases as urgent applications and lawsuits from Afghans. However, these cases vary in nature. Different chambers would have to decide on each case. It is unclear when this will happen. It is also unclear whether the other judges share the same opinion as the 8th Chamber.

Left Party MP Clara Bünger said the court order requires the visas to be issued immediately. "I therefore expect the government to take all necessary steps to enable departures." dpa/nd