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Authorities Granted Power to Temporarily Halt Legal Proceedings for Afghans

Multitudes of endangered Afghans are currently in limbo in Pakistan, anticipating their journey to Germany. While some are already setting off, many others face an unclear future.

Government granted discretion to halt legal actions against Afghan citizens
Government granted discretion to halt legal actions against Afghan citizens

The Higher Administrative Court of Berlin-Brandenburg has granted the German federal government broad decision-making authority in the issuance of visas for Afghans to enter the country. This decision comes amidst a temporary halt in the visa programs for Afghans entering Germany, initiated by the new federal government of Union and SPD since early May.

The ruling declares the temporary halt of admission procedures for local forces and people endangered due to their previous activities permissible. This move is aimed at reviewing whether the political interest in admitting applicants still exists. The court upheld the federal government's right to make such reviews, as long as admission has not been guaranteed and legally committed.

The court's decision is expected to impact hundreds of Afghans, including a former high-ranking judge from Afghanistan, along with his wife and four children, who have been waiting in Pakistan for their departure. Around 50 Afghan women and men are expected to arrive in Germany today from Islamabad, Pakistan, as part of these cases.

The specific case involved the former judge, who was signaled late in 2022 that he would be admitted to a "transition list." However, his visa application was rejected in early summer 2025, with the suspension of entry within the framework of the programs cited as the reason. Since then, the judge, along with several other Afghans, has filed lawsuits in Germany to enforce their entry, with numerous proceedings pending at the Berlin Administrative Court.

The organization "Kabul Luftbrücke" supports these court disputes regarding visa issuance in Germany. Hundreds of people with guaranteed access are expected to enter Germany today as part of these cases, with some of the Afghans fighting for a visa partly supported by the organization "Kabul Air Bridge."

It's worth noting that the Foreign Office has announced that around 210 of the approximately 2,000 people have been deported to Afghanistan, and they are in contact with them. The Foreign Office's appeal against a decision of the Berlin Administrative Court in an expedited procedure was successful.

The Higher Administrative Court has made decisions in 28 expedited proceedings related to Afghanistan, but more cases are pending. This decision marks a significant step in the ongoing process of managing visa applications for Afghan refugees seeking asylum in Germany.

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