authorities have been given the power to postpone legal actions against Afghan citizens
In a recent development, the Foreign Office has successfully appealed a decision by the Berlin Administrative Court, marking a significant shift in the ongoing visa disputes involving Afghan individuals.
The Berlin Administrative Court is currently handling several proceedings related to Afghan individuals seeking visas. Among these cases is one involving a former high-ranking Afghan judge and his family, whose visa issuance has been contested by the German government since 2025. However, the specific name of the judge remains undisclosed in available sources.
The court's ruling declares that a willingness to admit does not automatically grant a claim to a visa in the context of these programs. This decision allows authorities to review previous decisions on visa issuance, as long as admission has not been guaranteed and legally committed to.
The ruling comes amidst a temporary halt of admission procedures for local personnel and people at risk due to their previous activities, a decision permissible according to the Higher Administrative Court (OVG). This halt was instituted by the new coalition government of Union and SPD in early May.
The OVG has made decisions in 28 expedited proceedings related to Afghanistan, including cases filed by several Afghan women and men seeking to enforce their entry into Germany. The "Kabul Air Bridge" organization is partially supporting these individuals involved in these court cases.
In response to the court's ruling, the Foreign Office announced that around 210 of the approximately 2,000 people would be deported to Afghanistan, with the authorities in contact with them. Hundreds of people, including the plaintiff judge, have been waiting in Pakistan for their departure since the halt.
However, there is some positive news on the horizon. Around 50 Afghan women and men are expected to arrive in Germany throughout the day from Islamabad, Pakistan. This marks the resumption of visa programs for Afghans entering Germany, albeit under the broad decision-making authority of the federal government.
The programs are based on political decisions, and the federal government has the right to review whether the previous political interest in admitting the applicants still exists. This review process will likely continue as the court cases and visa disputes progress.
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