Court: Germany is obliged to issue visas
The background to this are several urgent decisions by the Berlin Administrative Court. They oblige the Federal Foreign Office to issue visas to Afghans who have been granted entry to Germany as part of the federal admission programs.
Among those affected is a lawyer from Afghanistan who is waiting to leave the country with 13 relatives in Pakistan. In her case, the OVG Berlin-Brandenburg ordered the Federal Foreign Office to issue the visas. The ruling is now legally binding.
No visa for Afghans for four months
As Die Welt reports, despite the court's decision, no person from the Islamabad reception programs has traveled to Germany for four months. The VG Berlin therefore asked the Federal Foreign Office to explain what measures have been taken so far to issue the visas. There has been no response to date.
According to the Federal Foreign Office, there are currently around 2,000 Afghans waiting in Pakistan with admission commitments. Many of them no longer have valid visas for Pakistan. In recent weeks, Pakistani authorities have deported numerous Afghans without a Residence permit have been arrested. Some have already been deported to Afghanistan.
Visas for Afghans: Government threatens fines in further cases
According to various media reports, the Federal Foreign Office is facing further fines in addition to the fine already imposed. According to dpa, the Berlin Administrative Court has ordered the ministry to issue visas to a family from Kabul by September 10 - otherwise a fine of 2,500 euros could be imposed.
In another case, a fine of 10,000 euros is to be imposed if the ministry does not make a decision on another family's visa application within three weeks. However, this only concerns the obligation to process the application. Whether the application is ultimately approved or rejected is still at the discretion of the Federal Foreign Office.
According to several media outlets, the VG Berlin has received numerous other complaints from Afghans demanding a decision on their visas.
Interior Minister Dobrindt urges patience
The admission programs were introduced in 2022 to protect particularly vulnerable Afghans from the Taliban regime. These include women's and human rights activists, journalists, lawyers and local workers.
The current German government under Chancellor Friedrich Merz (CDU) and Interior Minister Alexander Dobrindt (CSU) has now stopped the programs. While German Foreign Minister Johann Wadephul (CDU) recently emphasized that all visa promises would be kept, Dobrindt has now once again called for patience.
He told the AFP news agency that many visa procedures have not yet been completed. However, this shows that such procedures are not completed in just a few weeks.
At the same time, he made it clear that all security checks must be completed in full and without any problems before people can come to Germany. If these checks were negative, they would not be admitted.
Conclusion: Court could increase pressure on government
Whether the court will actually impose a penalty payment on the Federal Foreign Office if it does not comply with the demands is still unclear. What is certain, however, is that the courts have made it clear: Reception promises are legally binding and must be complied with.
For the affected Afghans who are currently waiting for their visas to Germany, the hope remains that the courts will speed up the procedures and force the German government to act.
