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The picture shows the EU flag. In a joint letter, twenty EU states demand that deportations to Afghanistan be carried out regularly again,

20 EU states are pushing for deportations to Afghanistan - Is this legally possible?

Twenty European countries have called on the EU Commission to create more opportunities for deportations to Afghanistan. In a joint letter to EU Migration Commissioner Magnus Brunner, they call for repatriations to be organized more jointly at EU level. But how realistic is this - and what does EU law say?
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Expertly reviewed by:
Christin Schneider
Expert for Immigration law

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The letter, which was published last week by the Dutch government, is the result of an initiative by the Belgian Minister for Asylum and Migration. In addition to Belgium, the signatories include Austria, Germany, Bulgaria, Cyprus, the Czech Republic, Estonia, Finland, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Slovakia, Sweden and the non-EU country Norway.

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EU countries call for deportations to Afghanistan

According to media reports, the letter states that the EU must "show a decisive and coordinated response to regain control over migration and security". The countries demand that deportations of Afghans without a right of residence be seen as a joint task of the EU.

To explain: deportations are actually the responsibility of the individual member states. However, the EU can provide support - for example through agreements with third countries, Frontex missions or financial assistance.

According to the letter, around 22,870 Afghans in the EU received a return decision in 2024. However, only 435 people actually returned to their home country. Many governments see this as a security problem. Priority should be given to deporting people who "pose a threat to public order or national security ".

Several countries also want non-voluntary deportations to be possible again. The EU border protection agency Frontex should provide more support in this regard - for example by coordinating voluntary return programmes and organizing deportation flights to Afghanistan. A joint EU mission to Afghanistan is also proposed in order to discuss possible agreements directly with the Taliban.

EU Commission confirms talks with Taliban

The EU Commission has now confirmed that it has held initial talks with the authorities in Afghanistan. "The Commission and the European External Action Service are in close contact with the Member States on this issue," explained a spokesperson in Brussels. There had already been "preliminary talks at a technical level" with Kabul at the beginning of the year.

This was about the return of Afghans who have no right of residence in the EU or have been convicted of criminal offenses. However, Brussels emphasizes that the EU does not officially recognize the Taliban regime. Talks are therefore only taking place at a technical level.

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Germany holds talks with the Taliban

Germany is also holding talks with the Taliban about possible repatriation agreements. According to media reports, employees of the Ministry of the Interior traveled to Qatar at the beginning of October to discuss a future mechanism for deportations with representatives of the Taliban.

Federal Interior Minister Alexander Dobrindt (CSU) told The Pioneer that negotiations are now "well advanced". The aim is to enable regular deportations again in future - including by scheduled flight.

In the coalition agreement, the current federal government has already committed to resuming deportations to certain countries of origin - including Afghanistan and Syria - starting with criminals and people at risk. The regulation could later be extended to other people without protection status.

Germany does not officially maintain diplomatic relations with the Taliban, who have been in power since August 2021. Since then, deportations have only taken place in exceptional cases. There have been a total of two deportation flights: one in 2024 and one in July 2025, both of which exclusively concerned men who had been convicted of violent crimes, sexual offenses or drug offenses.

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Legal classification: What is permitted under EU law?

Returns to Afghanistan are currently considered legally difficult. The basis for this is the EU Return Directive (2008/115/EC). This allows the return of people without a right of residence, but prohibits sending someone to a country where there is a risk of torture, ill-treatment or political persecution. This so-called ban on refoulement also applies under the European Convention on Human Rights (ECHR).

As Afghanistan is still considered an unsafe country of origin and the Taliban are not internationally recognized, there is no readmission agreement with the EU. This means that there is currently no legal basis for joint EU deportations.

In order for the demands of the 20 states to be implemented, the EU Commission would have to negotiate a new return agreement or amend the Return Directive. Both would require the approval of the EU Parliament and the EU Council - a process that experience has shown can take several years.

Individual states such as Germany could make their own arrangements, but would have to comply with EU law and the ECHR. In addition, national courts could stop deportations if there is a threat to life, limb or freedom in individual cases.

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Growing political pressure on the EU Commission

The twenty states are pushing for the issue of deportations to be placed at the top of the political agenda. Supporters see this as an important signal to strengthen public trust in asylum policy and reduce security risks.

Critics, on the other hand, warn of a breach of international protection standards. Human rights organizations emphasize that there are no rule of law structures in Afghanistan and that returnees run the risk of being arbitrarily arrested or tortured.

Background: Afghanistan is still considered unsafe

The Taliban have controlled Afghanistan since the fall of Kabul in 2021. The regime is largely isolated internationally; only Russia has officially recognized it.

According to the United Nations, the human rights situation in Afghanistan remains critical. Human rights violations are regularly documented, particularly against women and minorities. The UN Refugee Agency (UNHCR) continues to expressly advise against sending people back to Afghanistan.

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Anna Faustmann
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Anna Faustmann is an editor at Migrando . With her sound education and many years of experience in journalism and digital marketing, she brings a deep understanding of the conception and creation of ...