Asylum in Germany: Family from Afghanistan is considered to be at risk in their home country
The applicants are an Afghan family who have been living in exile in Pakistan for some time. As they are considered to be at particular risk in their home country, they were granted admission in October 2023 as part of the federal admission program - issued by the Federal Office for Migration and Refugees (BAMF).
The programme is aimed at people who are in acute danger under Taliban rule - such as human rights activists, women's rights activists, cultural workers and former local staff of German organizations.
Admission approval, but no visa for Germany - Afghan family sues
Despite the promise, the German embassy in Islamabad did not respond to the family's visa application. Worried about the threat of deportation to Afghanistan, the family finally filed an urgent application with the Berlin Administrative Court.
The core of their complaint is that the Federal Republic has assumed a legally binding obligation with the admission pledge. Failure to act is tantamount to breaking this promise - with dramatic consequences. Because their lives are in danger in Afghanistan.
Right to visas in Germany? Court rules
The court ruled in favor of the family. The judges stated: " The BAMF's admission commitments are legally binding. They oblige the state to implement them. Germany had voluntarily undertaken to take in the family and could not evade this responsibility.
The court also found that the family met all the requirements for a visa: There are no security concerns, their identity has been verified and the threat of deportation to Afghanistan poses a "danger to life and limb" according to the court.
Verdict opposes the political course of the German government
The ruling comes at a time when the German government is significantly tightening its asylum and migration policy. According to the coalition agreement, all voluntary admission programs are to be "ended as far as possible".
The Berlin court has now set a clear legal limit to this: promises that have already been made must be kept - regardless of whether the political direction changes. Although new programs can be stopped, existing promises remain legally binding.
Organizations such as Pro Asyl and the Kabul Airlift Initiative welcomed the ruling. For them, it is a long overdue clarification.
Not an isolated case: thousands of Afghans waiting for visas and asylum
The case of the Afghan family is not unique. Germany has been taking in vulnerable Afghans since the Taliban took power in 2021. Many of them - around 2,400 people - are currently waiting in Islamabad for a German visa and their departure.
According to Kabul Airlift, they have a valid confirmation of admission and have passed all security checks by the BAMF, BKA, Federal Office for the Protection of the Constitution and the Federal Police.
Nevertheless, their visa applications have not yet been processed due to the requirements of the new federal government. According to media reports, other affected people have now filed a lawsuit.
How politicians are reacting to the ruling
While SPD politician Sonja Eichwede welcomes the ruling and calls for swift action, the CDU remains cautious. Christina Stumpp told the Frankfurter Rundschau that all admission programs should be ended. "Individual cases from existing programs that are still open should be carefully examined."
However, criticism has come from the ranks of the Greens. Home affairs spokesperson Schahina Gambir spoke of a "scandal" that those affected had to file a lawsuit in order to enforce their guaranteed right.
What does the ruling mean for other Afghans?
This ruling could set an important precedent for many Afghans who find themselves in similar situations. It clearly shows that promises of protection are legally binding - even if the political situation changes.
Whether the Federal Government will lodge an appeal with the Berlin-Brandenburg Higher Administrative Court is currently unclear.
Conclusion: What those affected can do now
The ruling shows that a promise of admission under the federal admission program is not just a political promise - but a legally binding obligation.
For many Afghans who are still waiting for a visa despite valid approval, this means that they have rights that they can actively demand.
Apply for summary proceedings
Anyone who finds themselves in an acutely dangerous situation and has received a confirmation of admission can initiate summary proceedings at the administrative court. Such proceedings enable a quick court decision.
The court examines whether there is a danger to life and limb and whether the Federal Republic is obliged to act
Take advantage of legal advice
Those affected should definitely seek advice from lawyers specializing in migration law or from organizations such as Pro Asyl, Kabul Airlift or Refugee Law Clinics. They can help to explore legal options and provide support in communicating with German authorities.
Secure evidence and documents
It is important to carefully compile all relevant documents for successful summary proceedings:
- Copy of the acceptance letter (BAMF)
- Documentation of previous communication with the German embassy
- Evidence of identity and risk situation
- Proof of residence (e.g. in Pakistan)
