Government frequently faces court defeats in cases involving visas for Afghan citizens

In recent months, the Administrative Court of Berlin has been busy handling a significant number of urgent admission proceedings for Afghan nationals. By early September, the court had ruled on 64 such cases, with a favourable outcome for 32 of these individuals.

These decisions come amidst a backdrop of ongoing visa-related challenges for Afghan applicants. The Higher Administrative Court of Berlin-Brandenburg has decided on 28 appeal proceedings regarding visas for Afghan nationals this year. However, ten complaints were rejected, and the remaining cases are still pending.

The court's decisions highlight the importance of completed security checks in the visa issuance process. In several cases, the court affirmed that an admission commitment does not exempt applicants from these checks, which can delay or deny visa issuance despite the promise of admission.

This was exemplified in a decision on August 26, 2025, where the court overturned a lower court ruling and upheld the necessity of security checks, even for Afghan families with admission commitments. In parallel, the court decided in about 32 urgent proceedings by early September 2025, mostly in favour of Afghan plaintiffs, often ordering the government to issue visas.

However, it's important to note that not all cases have been resolved. Many are still pending, and some claims have been rejected. In two cases, the Federal Foreign Office withdrew its appeal, while the court ordered the government to make a decision on the visa applications in a few cases where security checks were pending.

The Federal Foreign Office has filed appeals against some of the court's decisions, but has been unsuccessful in six cases.

It's also worth mentioning that different legal conditions apply for Afghan women and men in various programs, such as the local staff procedure or the transition list, in addition to the federal admission program.

The ongoing situation is further complicated by the actions of the Pakistani authorities, who have recently detained several Afghans with admission pledges from Germany. Moreover, dozens of Afghans have been deported from Pakistan to Afghanistan by the Pakistani authorities, leaving many individuals waiting for months for entry visas.

Despite these challenges, the court's rulings underscore the importance of upholding the rights of individuals seeking refuge and the need for a thorough and fair visa application process. As the situation continues to evolve, it is hoped that more individuals will find the safety and security they so desperately seek.

Government frequently faces court defeats in cases involving visas for Afghan citizens