Court: Federal Government must issue Afghan Visa

After a court decision of an Afghan and her family, the Federal Government must give VISA to entry to Germany after the appropriate commitments have been made. The Berlin Administrative Court decided this in an urgent procedure in the dispute over the federal recording program for particularly endangered Afghans, as a court spokeswoman said. (Az.: VG 8 L 290/25)

The Federal Government “had legally bound to admission due to final, non -revoked admission signs,” said the judges as the reason. “Germany has been voluntarily received” cannot solve Germany.

This means that the woman and her 13 family members who are waiting for Visa in Pakistan were successful in the first instance. According to the court spokeswoman, the Federal Foreign Office is obliged to act immediately. A complaint with the Berlin-Brandenburg Higher Administrative Court can, however, be filed against the decision. If the authority does this, there could be delays.

In their decision, the judges emphasize that the Federal Government can freely decide whether it wants to end the admission procedure for Afghan nationals – or under what conditions a continuation is conceivable. She can also refrain from new admission commitments. In the present case, however, those affected could rely on the commitments made.

The wife and her family have become reception commitments, according to the responsible eighth chamber. In addition, those affected met the prerequisites for a visa: there are no security concerns and the identity of the people has been clarified. According to the family, the family threatens the deportation from Pakistan to Afghanistan, where their lives are endangered under the rule of the radical Islamic Taliban. From the court’s point of view, this was credibly portrayed.

After the Taliban was taken over in August 2021, various admission procedures for people from Afghanistan were set up. The new federal government of Union and SPD stopped the programs in early May. According to the Federal Foreign Office on June 20, around 2400 people in Pakistan are waiting for you to get a visa.

According to the information, people who have campaigned for equality and democracy are affected. Richter, journalists or artists were also among those affected.

The organization “Kabul Luftbrücke” wants to force the continuation of the recording program for particularly endangered Afghans with numerous lawsuits. Those affected had left their homeland in trust in German promises, spokeswoman Eva Beyer said in June when the first 26 proceedings were submitted in Berlin.

According to their own statements, the court estimated that there are about 40 cases as urgent requests and complain of the topic. However, these were stored differently, the court spokeswoman said. Different chambers would have to decide on the procedures. It is unclear when this happened. It is also open whether the other judges take the same view as the eighth chamber.