German court orders government to honor Afghan admission promises despite security concerns

A Berlin court has ruled that Germany must uphold its prior commitments to accept an Afghan family awaiting transfer to the country from Pakistan, reigniting debate over the country’s controversial refugee admissions programs.

In an expedited case, the Berlin Administrative Court found in favor of an Afghan woman and her 13 relatives, whose government pledge to bring them to Germany was revoked under the new federal government. The Court held that the government’s previously issued admission approvals are legally binding and cannot be withdrawn.

According to the ruling, the government is obligated to follow through on its promise, as the admission notices were final and remain in force. The woman and her family, who are currently in Pakistan, had filed an urgent application seeking enforcement of their right to resettlement. The German foreign ministry is now required to act immediately, though the government may appeal to the Higher Administrative Court.

The case is just one of around 40 similar legal challenges over Germany’s halted Afghan admissions program. The Kabul Airlift aid group has indicated it plans to file additional lawsuits on behalf of those awaiting transfer to force the government to continue the program, arguing that many Afghans trusted Germany’s promises and are now stranded in Pakistan, which is seeking to expel large swathes of Afghan migrants.

Germany’s admissions program was originally launched after the Taliban seized power in August 2021, offering refuge to Afghans such as judges, journalists, and human rights activists. Those accepted into the program must first travel to Pakistan for visa processing and security checks at the German embassy in Islamabad before entering Germany.

According to the German foreign ministry, about 2,400 individuals are currently awaiting visas in Pakistan. However, in May, the new CDU/CSU-SPD coalition government suspended all admission programs for Afghans.

While the court acknowledged the government’s right to end future admissions, it underscored that existing commitments must be honored.

The ruling has intensified the political dispute over Germany’s Afghan admissions. The CDU/CSU had pledged during the last election campaign to halt Afghan transfers from Pakistan, citing security concerns and alleged weaknesses in the screening process.

A report published by Bild in April revealed that only one in eight Afghans admitted under special protection programs — intended for former local staff and activists who collaborated with the Bundeswehr — underwent complete security vetting by German authorities prior to arrival. The report claimed over 31,000 Afghans and their family members had arrived in Germany without full background checks.

Despite official claims that the program mainly assists former collaborators with the German military, many of those admitted reportedly did not meet these criteria. In one case, a chartered flight carrying 157 Afghan nationals included only two former Bundeswehr collaborators and their 13 relatives, with the rest selected under broader humanitarian categories focused on “democratic values.”

Germany’s federal police union (DPolG) has repeatedly demanded a suspension of Afghan refugee flights, citing security and identity verification failures. In March, the union’s leader, Heiko Teggatz, sent a letter to then-Chancellor Olaf Scholz urging an immediate halt.

“The current procedure, in which, despite identities not being fully verified, travel documents are issued to foreigners, is highly risky and irresponsible,” Teggatz warned. “Given the heightened threat level of Islamist terrorism, such a process is unacceptable.”

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