By Joe Udo
BERLIN (CONVERSEER) – Germany’s highest administrative court has delivered a significant ruling against the federal government’s migration stance, ordering that thousands of Afghan migrants—previously promised relocation—must be granted entry visas without delay.
The court’s decision came following a legal suit filed by an Afghan woman and her family, who had been assured resettlement in Germany in October 2023 but have remained stranded in Pakistan. The court ruled that the family had received a “legally binding” commitment under the German federal resettlement programme, and that the government cannot reverse such promises even after freezing the programme.
Germany’s Foreign Minister, Johann Wadephul, acknowledged the ruling, stating that it is “legally binding,” and added, “Germany has to honour its promises.”
The federal resettlement programme was launched under the former leftist administration in response to the 2021 Taliban takeover in Afghanistan. It aimed to provide safe relocation for Afghans considered at risk—especially former local staff who supported German forces, civil society actors, and journalists.
Since the programme’s inception, over 36,000 Afghans have been granted entry to Germany, many through neighbouring Pakistan. However, subsequent internal investigations revealed that the system had been widely exploited. Authorities confirmed that thousands of migrants gained entry using forged documents and false narratives.
When Chancellor Friedrich Merz’s government took office, it moved quickly to suspend the programme as part of a broader policy aimed at tightening immigration controls. However, the administrative court in Berlin clarified that while the government has the power to end such programmes, it cannot revoke individual commitments that have already been made.
The ruling directly undermines Chancellor Merz’s pledge to halt what his coalition described as “voluntary resettlements.” Legal experts believe the court’s decision will influence a wave of ongoing legal cases filed by other Afghans in Pakistan who are waiting for entry clearance. Over 2,400 individuals—men, women, and children—are currently affected.
“This verdict sends a strong message that once the state makes a promise, it cannot backtrack based on shifting political agendas,” said one German immigration lawyer familiar with the case.
Although the CDU–SPD coalition may still appeal the judgment, legal observers say such a process could take several months, further complicating efforts by the government to enforce its new migration policy direction.
The verdict has sparked sharp criticism from conservatives and segments of the public, many of whom express concern over the impact of Afghan migration on domestic security. Tensions have escalated in recent months following several high-profile criminal cases involving Afghan nationals. In one such case, an Afghan asylum seeker reportedly stabbed two police officers, while two other Afghan refugees are standing trial for allegedly sexually assaulting underage girls.
Critics argue that the court’s ruling hampers the state’s ability to protect its citizens. “This decision shows how unelected judges are overriding policies meant to safeguard national interest,” one government source told local media.
Nonetheless, human rights advocates have welcomed the court’s stance as a crucial affirmation of legal integrity. “Germany’s rule of law remains intact. The government cannot renege on promises made to people fleeing war and persecution,” said a spokesperson for a refugee rights group.
With the latest development, Germany joins a growing list of European countries where judicial institutions are pushing back against executive migration policies, especially those perceived to violate international obligations or established legal commitments.
As it stands, the ruling forces the Merz-led government to resume issuing visas to eligible Afghans, marking a significant setback in its effort to curtail migration and impose stricter border controls.
