German Court Orders Individual Review of Afghan Visa Applications Amid Resettlement Controversy

The German Constitutional Court has overturned a ruling from the Berlin Administrative Court, stating that the federal government must assess visa applications from Afghan residents on an individual, case-by-case basis. The court emphasized that Berlin is legally obligated to continue supporting applicants until a final decision is made…

New Ruling from the German Constitutional Court

Following the federal government’s decision to cancel specific resettlement programs for Afghans, the German Constitutional Court issued a binding ruling demanding separate evaluations of applicants’ cases. This significant legal decision completely invalidated the previous stance of the Berlin-Brandenburg Administrative Court, which had disregarded applicants’ legal rights to receive visas.

The Case of an Afghan Woman in Peshawar and the Reversal of Previous Decisions

The catalyst for this lawsuit was the case of an Afghan woman and her two young children currently residing in Peshawar, Pakistan. They had received assurances of official acceptance from the German government in 2021 but faced a legal deadlock after Berlin withdrew its commitments at the end of 2025. Now, the judges at the Constitutional Court have declared the prior decision to revoke their visa rights as incorrect and in need of serious reconsideration.

Berlin’s Financial and Legal Responsibilities Towards Applicants

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

Political Context and Challenges to the Human Rights Listing Program

This legal development comes amidst the German Ministry of the Interior unilaterally canceling earlier commitments to collectively resettle approximately 640 Afghans included in the Human Rights Listing Program at the end of 2025. The new ruling from the Constitutional Court compels the government to review each case independently rather than opting for a blanket cancellation.