German Court Orders Visas for Afghan Evacuees

Ruling Challenges Government’s Stance on Humanitarian Program

A German court has mandated that the government must grant visas to Afghan individuals and their families previously approved for a humanitarian admission program, a scheme the current coalition aims to discontinue, setting up a potential conflict.

Key Ruling on “Irrevocable” Commitment

The court’s decision was triggered by an urgent appeal from an Afghan woman and her family stuck in Pakistan. Judges stated that the government is legally obligated to honor its “irrevocable” commitment to them. The court acknowledged the family’s plea, stating they “assert that they are entitled to a visa and can no longer remain in Pakistan. They face deportation to Afghanistan, where they fear for their lives.”

Government Reviewing Decision

A foreign ministry official stated that the government is currently reviewing the ruling, though it’s not yet legally binding. Following the chaotic withdrawal from Afghanistan in 2021, Germany initiated several programs to resettle vulnerable Afghans and local staff.

While the court acknowledged the government’s right to terminate the Afghan program and cease new admissions, the immediate fate of those already approved remains uncertain.

Humanitarian Admissions Program in Limbo

Since May 2021, Germany has admitted approximately 36,500 vulnerable Afghans, including former local staff, through various channels. However, around 2,400 Afghans approved for admission are currently in Pakistan awaiting travel to Germany, with no clear timeline due to the program’s suspension pending governmental review.

NGO Concerns Mount

Non-governmental organizations (NGOs) report that an additional 17,000 Afghans are in the initial phases of the application process under the now-dormant scheme. This uncertainty is causing considerable anxiety among those awaiting resettlement.

Rising Deportations from Pakistan

Amidst the legal battle, Pakistan has ramped up deportations of undocumented Afghans. Since October 2023, over half a million Afghans have been deported from Pakistan, according to the UNHCR (UNHCR). This makes the German court’s decision especially critical for those fearing deportation back to Afghanistan.