Germany’s highest administrative court has dealt a major blow to the government’s migration policies, and ruled that Berlin must grant entry visas to thousands of migrants from Afghanistan.
Foreign Minister Johann Wadephul confirmed that the ruling is “legally binding,” which means that Germany has to “honour its promises.”
The courts decision follows a landmark case brought by an Afghan woman and her family, who were guaranteed relocation to Germany under the federal resettlement programme in October 2023. They have since been stranded in Pakistan.
The European Conservative reports: The programme was introduced by the previous, leftist government which issued visas to Afghans at risk after the Taliban seized power in 2021.
More than 36,000 Afghans have entered Germany through these programmes, most of them via Pakistan.
While the initiative was intended for former local staff of the German army and other high-risk groups, internal government reports show that the system was exploited on a large scale, as the government allowed thousands of migrants to enter Germany with fake documents and fabricated stories.
The new government under Chancellor Friedrich Merz has frozen the programme, but Berlin’s administrative court said the family had been given a “legally binding” commitment and must be allowed to travel to Germany.
The court emphasised that once visa commitments are legally issued, the state cannot retract them—even if it chooses to end the broader programme.
Approximately 2,400 Afghan men, women, and children currently await visas across Pakistan. Many have initiated legal appeals, and the court’s interpretation is expected to influence dozens more ongoing cases.
The ruling effectively nullifies Chancellor Merz’s attempts at a tougher migration policy—with many of his promises to turn back migrants at the border having turned out to be empty rhetoric to begin with.
The new CDU–SPD coalition had pledged in its government agreement to halt voluntary resettlement programmes—including those aimed at Afghans—but the pathway has been shut with the court stating that legal assurances must be fulfilled.
The court’s stance reflects a broader pattern across Europe, where national governments seeking to deport violent criminals or illegal migrants are increasingly being blocked by activist judges.
The coalition can still appeal against the decision, but such a process may take months before a final decision is made.
The ruling is particularly frustrating for many Germans who feel that their leadership is abandoning them in the face of a spate of attacks committed by violent Afghan criminals. In the most recent case, an Afghan asylum seeker attacked two police officers with a knife, while two other Afghan ‘refugees’ appeared in a court for raping two underage girls.
По материалам: http://www.planet-today.com/2025/07/court-rules-that-germany-must-grant.html