Aircraft carrying more than 40 individuals from Afghanistan arrives in Germany

The Higher Administrative Court of Berlin-Brandenburg has made a significant ruling in favour of the German federal government, giving it more flexibility in deciding visa issuance for Afghans seeking to enter Germany. This court ruling supports the Foreign Office's appeal against a previous decision by the Berlin Administrative Court.

The court ruling states that the federal government has the right to review whether the political interest in accepting applicants still exists. This means that the government can now assess each case on its merits, rather than being bound by a rigid process.

The court's decision comes at a time when 45 individuals have completed the resettlement process and security checks, marking the first arrivals since the start of the black-red coalition. These individuals have obtained visas through legal proceedings, but around 85 urgent court proceedings are still pending for people from the resettlement program.

However, the court ruling does not change the fact that over 90 percent of the individuals have not yet completed all the steps in the resettlement process. Many Afghan families have been waiting for months or years in Islamabad, with some still able to travel with their relatives despite the stop due to legal action in Germany.

The court ruling also permits a temporary halt of acceptance procedures for local personnel and people at risk due to their previous activities. This decision is in response to the current situation in Afghanistan and the need for the German government to exercise caution in its visa issuance decisions.

It is important to note that the court ruling does not affect the current 45 Afghan nationals who have already arrived in Germany on a commercial flight from Istanbul. The organization "Kabul Luftbrücke" has supported some of these affected people with their travel and arrival in Germany.

The case involved a former high-ranking judge from Afghanistan, along with his wife and four children. Despite the suspension of entry within the framework of the programs, some of the affected people were still able to travel due to legal action in Germany. The organization "Kabul Air Bridge" is also supporting some of the affected people.

The court has determined that a willingness to accept does not yet constitute a claim to a visa. The Foreign Office rejected visa applications for many of these individuals in early summer 2025, citing the suspension of entry within the framework of the programs as the reason.

In conclusion, the German court ruling provides the federal government with broader decision-making authority in visa issuance for Afghans seeking to enter Germany. This ruling will likely have a significant impact on the number and speed of visa approvals for Afghan refugees in the coming months.