Court obliges Germany to issue visas
The specific case involves an Afghan lawyer and her 13 family members who are currently in Pakistan. In October 2023, the family had been granted a visa to enter Germany as part of the federal admission program. After no visas were issued as a result, the family filed a lawsuit.
In July , the Berlin Administrative Court ruled that Germany is bound by all admission commitments made.
This means that Afghans who have received a promise of admission must be checked immediately and given visas for Germany.
Initially, the Federal Government had taken action against the decision and lodged an appeal with the Higher Administrative Court of Berlin-Brandenburg (OVG). With the withdrawal of this appeal, the decision of the administrative court is now final.
Thousands of Afghans still waiting in Pakistan
The family is not an isolated case. As ARD reports, citing the Berlin Administrative Court, there have been around 20 similar urgent applications from Afghan refugees in recent weeks. In all cases, the Federal Foreign Office was obliged to issue visas. It is currently unclear whether those affected will also receive visas in the near future without filing a lawsuit.
According to government figures, more than 2,000 people with a German admission permit are currently waiting to leave Pakistan. This includes around 1,200 people from the Federal Admission Program, 280 from the local forces procedure and others from special humanitarian lists.
Situation in Pakistan critical - several arrests and deportations
While the court's decision should bring relief to those affected, the situation for Afghan refugees in Pakistan has worsened considerably. According to the aid organization Pro Asyl, several hundred Afghans who have been granted asylum by Germany have been arrested in recent weeks.
In some cases, there have also been deportations to Afghanistan. According to various media reports, more than 100 Afghans with a German promise of admission have been arrested in Islamabad in the last few days alone and taken to a deportation center.
The detainees are now threatened with deportation to Afghanistan - in some cases within just a few days. The Pakistani authorities last deported 34 Afghans with a German admission promise on August 13. In the past few weeks, a total of over 400 people have been arrested.
Conclusion: Will other affected persons now also receive visas for Germany?
The Federal Foreign Office recently emphasized that it was in close contact with the Pakistani government in order to ensure the protection of those affected. As reported by ARD with reference to the Federal Ministry of the Interior, employees of the Federal Office for Migration and Refugees (BAMF) were sent to Pakistan to carry out the visa procedures and security interviews.
It remains to be seen how long those affected will have to wait. Even in the case of the visas that have now been enforced by the courts, delays are expected as exit permits have to be applied for and security checks completed.
The federal admission program was launched in October 2022 to admit particularly vulnerable Afghans to Germany. However, after the federal elections in spring, Interior Minister Dobrindt (CSU) suspended the program.
Many of those affected have been living in uncertainty ever since - and hope that the current court decision will send out a signal for their proceedings.
