Berlin Courts Rule Against Government on Afghan Visa Processing, Pressure Mounts
German administrative courts have sided with Afghan nationals in 32 cases by early September, ordering visa issuance despite government delays, highlighting tensions between Chancellor Merz's tighter immigration stance and legal obligations to admitted refugees.
Berlin's Administrative Court has emerged as a significant check on the conservative government's restrictive immigration policies, ruling in favor of Afghan applicants in 32 separate proceedings by early September 2026. The cases involve Afghan nationals part of Germany's formal humanitarian admission programme, many of whom have waited months for entry visas despite being approved for protection.
The rulings signal a deeper conflict: while Chancellor Friedrich Merz's government has halted several Afghan admission programmes and pursued stricter border policies, courts are compelling visa issuance and entry decisions. In several instances, the Foreign Office lodged appeals against court orders—but judges at the Berlin-Brandenburg Higher Administrative Court rejected six of those appeals, while the Foreign Office withdrew two others. The government succeeded in only two cases.
More than 2,000 Afghan nationals remain waiting in Pakistan for processing under the various admission schemes. The government suspended new admissions in May 2026 after taking office, citing security and fiscal concerns, yet legal obligations to those already approved remain enforceable.
What This Means for Migrants and Expats
These court decisions underscore that Germany's legal system continues to protect asylum seekers' rights despite government policy shifts. If you are part of an admission programme or hold a pending visa case, courts have shown willingness to enforce legal deadlines and protect vulnerable applicants. However, prolonged delays and policy uncertainty reflect the political climate. Afghan nationals and others in admission programmes should maintain detailed documentation and consult immigration lawyers if visas are delayed. For expat communities generally, the court-government friction reveals that Germany remains a nation of law—judicial review can override executive decisions—but political will to restrict migration is strong.
Sources
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