Germany’s Federal Constitutional Court has ruled that Afghan nationals seeking entry to the country must have their individual circumstances properly considered, even after the government brought an end to a special programme for admitting vulnerable Afghans.
The decision, issued on July 24, follows a legal challenge brought by an Afghan woman living in Pakistan who had been seeking permission to travel to Germany with her two sons. The ruling could have implications for hundreds of other Afghans currently waiting in Pakistan under German-supported admission arrangements.
The case centers on an admission commitment that Germany granted to the woman and her children in 2021. The commitment was withdrawn in December 2025, after which a higher administrative court in Berlin-Brandenburg ruled that the family did not have an enforceable legal entitlement to receive German visas.
The Constitutional Court has now overturned that decision, finding that the lower court had failed to properly apply the constitutional principle prohibiting arbitrary action by state authorities. The case has been sent back to the Higher Administrative Court for further consideration.
The ruling does not, however, require Germany to reopen its discontinued Afghan admission programme or automatically allow all affected applicants to enter the country. Instead, authorities must assess individual cases and take applicants’ personal circumstances into account. Following such an assessment, the government may still determine that an applicant should not be admitted to Germany.
The court also indicated that Germany retains a responsibility towards the Afghan woman and her children while their case remains unresolved. Authorities must continue to support the family in Pakistan until visas are issued or the Interior Ministry formally establishes that the previous admission commitment no longer applies.
The ruling further requires German authorities to cooperate with Pakistan to ensure that the family is not detained or deported to Afghanistan while the legal process continues.
The woman, who is currently in Peshawar, welcomed the decision after what she described as a prolonged and deeply distressing wait. Her case has attracted particular attention because of her background in promoting women’s rights in Afghanistan, which human rights organizations say could place her at significant risk if she were returned to Taliban-controlled Afghanistan.
Germany’s Interior Minister Alexander Dobrindt said the judgment did not require the government to take immediate action. According to the minister, the Interior Ministry will first await the outcome of the renewed proceedings before deciding how to proceed.
The case is also being closely watched by organizations representing hundreds of Afghans who remain in Pakistan while awaiting permission to travel to Germany. The Society for Civil Rights, known by its German abbreviation GFF, said the case forms part of a wider group of constitutional complaints filed through a collective legal action.
The organization estimates that the ruling could affect approximately 400 Afghans who are currently staying in German-run facilities in Pakistan. Many of those waiting were admitted to Germany under programmes established following the Taliban’s return to power in August 2021.
Human rights groups have argued that some of the people affected face serious dangers if they are forced to return to Afghanistan, including the risk of detention, torture or death.
However, legal experts and campaigners have stressed that the Constitutional Court’s ruling should not be interpreted as a blanket order allowing all applicants to travel to Germany. Each person’s situation will still have to be examined, and the government retains the ability to reject individual applications after carrying out the required assessment.
The ruling comes amid a broader debate in Germany over the future of humanitarian admission programmes for Afghans. Since the Taliban seized control of Afghanistan in 2021, Germany has brought tens of thousands of Afghans into the country through various evacuation and admission initiatives.
Among those admitted were people considered particularly vulnerable because of their professional activities, including individuals involved in human rights work. Reports indicate that hundreds of people who had previously received permission to enter Germany under the now-discontinued Human Rights List programme have since had those commitments withdrawn.
The organizations Kabul Air Bridge and the Society for Civil Rights said following Friday’s judgment that numerous similar cases remain before Germany’s administrative courts.
Pro Asyl, a German refugee rights organization, welcomed the ruling and urged the government to review the circumstances of each affected Afghan as quickly as possible.
The organization argued that commitments made to protect people facing serious threats should not be treated as political decisions that can be withdrawn without proper consideration of the individuals involved.
For Afghans still waiting in Pakistan, the Constitutional Court’s decision offers a potential opportunity for their cases to be reconsidered but stops short of guaranteeing admission to Germany. The next stage will depend on individual assessments and further decisions by the administrative courts and German authorities.