A German administrative court has ruled that the German government must grant visas to an Afghan national and her family members who have received assurances of acceptance under the federal resettlement program for Afghanistan. The decision followed an expedited legal challenge.
The applicants, Afghan citizens currently residing in Pakistan, were granted acceptance assurances by the Federal Office for Migration and Refugees (BAMF) in October 2023. This program, launched in October 2022, aims to provide resettlement opportunities in Germany for particularly vulnerable Afghan citizens and their families, with a limited number of places available. Following the assurances, the applicants submitted visa requests to the German embassy in Islamabad; however, these requests have not yet been processed.
In their court petition, the applicants argued they have a right to visa issuance and that their continued stay in Pakistan is untenable due to the risk of deportation to Afghanistan, where they fear for their safety and lives.
The court’s 8th chamber granted the expedited petition, ordering the German government to issue the required visas. While the government retains the authority to decide whether to terminate or continue the resettlement program for Afghan citizens and may refrain from issuing new acceptance assurances during such a decision-making process, the court emphasized that the government is legally bound by existing, irrevocable acceptance assurances.
The court determined that Germany cannot disregard this voluntarily assumed and still effective commitment. The applicants are therefore entitled to rely on this legal binding. Furthermore, the applicants meet all other requirements for visa issuance, with no apparent security concerns and confirmed identities. The court also found credible evidence that the applicants face the threat of deportation from Pakistan to Afghanistan, where they would face serious danger.
The decision is subject to appeal to the Higher Administrative Court of Berlin-Brandenburg (decision of the 8th chamber of July 7, 2025 – VG 8 L 290/25 V).
