After verdict: Federal government appeals
According to consistent media reports, the German government's appeal has now been received by the Higher Administrative Court (OVG). An official justification for the appeal against the ruling has not yet been issued.
However, the German government still has until the beginning of August to submit its arguments in writing. The Federal Foreign Office has not yet commented on the reasons either.
Afghan family has been waiting months for visas
In this particular case, an Afghan lawyer and 13 family members filed a lawsuit against the German government. The family has been waiting for visas in Pakistan for over a year, although they received a promise of admission from the German government in October 2023.
The Berlin Administrative Court then ruled in summary proceedings on July 7: The Federal Republic is legally obliged to take in the family - without further delay.
The court also made it clear in its ruling that there were no security concerns about the family, that the identities of all persons had been checked and that the impending deportation to Afghanistan posed a significant risk to life and limb.
The German government is now taking its appeal to the next instance.
2,300 Afghans waiting to leave the country
The case of the Afghan family is not an isolated one. Since the Taliban took power in 2021, Germany has launched several humanitarian admission programs for particularly vulnerable people.
This also includes the Federal Reception Program Afghanistan, which is aimed at women's rights activists, journalists, cultural workers and other people at risk.
According to the Federal Ministry of the Interior, around 2,300 Afghans with a valid admission permit are currently waiting to leave the country - many of them are in exile in Pakistan. Around half of them are part of the federal admission program, while the rest are subject to local procedures and other special regulations.
Sharp criticism of the federal government's actions
Human rights organizations such as Pro Asyl sharply criticize the delays. They point out that some of the people affected are living in precarious conditions in Pakistan. In some cases, arrests have already been made.
There is also a threat of deportations to Afghanistan - although the United Nations Refugee Agency (UNHCR) continues to classify the country as unsafe.
Foreign Minister Wadephul: Commitments will be kept
The German government's objection comes as a surprise to many - especially because Foreign Minister Johann Wadephul (CDU) recently spoke out clearly in favor of keeping existing admission commitments.
"Where we have made legally binding admission commitments, we will of course keep them," he said during a government questioning in the Bundestag. Although he criticized the high number of pledges made by the previous government, he wanted to keep existing promises.
However, the admission programs - as stated in the coalition agreement of the new federal government - will be discontinued. There will be no further admission commitments.
Conclusion: What affected Afghans can do now
The situation for the Afghans concerned remains uncertain. The OVG must now decide how to proceed. It is currently not possible to predict how the Federal Government will justify its appeal and how the OVG will decide.
Those affected who find themselves in a situation of acute danger and do not receive a visa despite having been granted admission should seek legal advice as early as possible. Support is offered by, among others
- Specialist lawyers for migration law
- Organizations such as Pro Asyl, Kabul Airlift or Refugee Law Clinics
These offices help to find the right strategy - and can provide support in communicating with German authorities.
Good documentation is crucial for a successful procedure. These documents should be kept to hand:
- Copy of the acceptance letter (e.g. from the BAMF)
- Proof of previous communication with German authorities and embassies
- Proof of previous communication with the country of residence, e.g. Pakistan (especially if deportation is imminent)
- Documents on identity and risk situation
- Proof of current whereabouts
