German Court Requires Individual Assessments for Afghan Visa Applicants Amid Policy Changes

The German Constitutional Court has ruled that the federal government must individually assess the visa applications of Afghan residents, overturning a prior decision by the Berlin Administrative Court. The court emphasized that Berlin is legally obligated to continue supporting applicants until a final resolution is reached…

New Ruling by the German Constitutional Court

Following the German federal government’s cancellation of specific acceptance programs for Afghans, the Constitutional Court issued a binding order requiring the separate and individual assessment of applicants’ files. This significant legal decision completely invalidated the approach taken by the Berlin-Brandenburg Higher Administrative Court, which had previously disregarded the legal rights of applicants to receive visas.

A Case of an Afghan Woman in Peshawar and the Overturning of Previous Rulings

The primary motivation for this legal challenge was the case of an Afghan woman currently residing in Peshawar, Pakistan, along with her two young children. They had received an official acceptance promise from the German government in 2021, but found themselves in a legal deadlock after Berlin revoked its commitments at the end of 2025. The Constitutional Court judges have now declared that the previous ruling, which denied the right to a visa, was incorrect and requires serious reconsideration.

Berlin’s Financial and Legal Obligations to Applicants

Under the new ruling, the federal government of Germany is constitutionally obligated to continue providing necessary support and assistance to this family and similar individuals in Pakistan until the visa issuance process is completed. The court also stressed that Germany must maintain ongoing consultations with Pakistani authorities to prevent the detention and forced deportation of individuals included in these programs back to Afghanistan.

Political Context and Challenges of the Human Rights List Program

This legal development comes as the German Ministry of the Interior unilaterally canceled its previous commitments to collectively accept around 640 Afghans included in the Human Rights List program at the end of 2025. The new Constitutional Court ruling compels the government to review each case independently rather than implementing a blanket cancellation.