Proceedings in Afghanistan could potentially be halted by authorities. - Authorities Given Authority to Temporarily Halts Legal Proceedings Against Afghan Nationals
In a significant development, around 50 Afghan refugees, mostly families with women and children, arrived in Hannover, Germany today. These individuals have secured visas through legal proceedings and completed all admission and security screenings.
The arrival of these refugees marks a resumption of a humanitarian admission program previously paused by the German government for especially vulnerable Afghans fearing persecution by the Taliban. Notably, this group does not include those being excluded by the government.
The journey for many of these refugees began in Pakistan, where hundreds of people, including the plaintiff in a recent case, are currently waiting for their departure.
The case in question involved a former high-ranking judge from Afghanistan, his wife, and their four children. When he applied for visas based on this, his application was rejected in early summer 2025. However, the Berlin Administrative Court has numerous pending proceedings from Afghan women and men fighting for the issuance of a visa.
The Higher Administrative Court of Berlin-Brandenburg (OVG) has granted the federal government broad discretion in the issuance of visas for Afghans to enter Germany. The federal government may review earlier decisions regarding visa issuance, as long as they have not yet assured admission and legally committed themselves.
Recently, the Foreign Office's appeal against a decision by the Berlin Administrative Court in an expedited procedure was successful. The OVG ruled that the temporary halt of admission procedures for local forces and people at risk due to their previous activity is permissible.
The new federal government of Union and SPD temporarily halted the programs in Germany at the beginning of May. However, the former judge was signaled readiness to be placed on a "transition list" at the end of 2022.
It's important to note that an expression of willingness to admit does not yet entail a claim to a visa, according to the judges. The Foreign Office stated that around 210 of the approximately 2000 people are to be deported to Afghanistan.
Several Afghan women and men have filed lawsuits in Germany to enforce their entry. "Kabul Air Bridge" is partly supporting the Afghan applicants in their court cases.
The Foreign Office is in contact with these individuals and continues to assess each case individually, taking into account the specific circumstances of each applicant. The federal government has the right to review whether the earlier political interest in admitting the applicants still exists.
This development underscores the ongoing efforts to provide a safe haven for those fleeing conflict and persecution in Afghanistan. The arrival of these 50 refugees is a testament to the German legal system's commitment to upholding human rights and providing protection to those in need.
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