The German Constitutional Court ruled that the government cannot void roughly 640 Afghan resettlement promises en masse and must review each application on its own merits. The court upheld a complaint by an Afghan mother and her two sons selected in 2021 under a 'human rights list' and found the Interior Ministry's planned termination of the scheme unconstitutional. The case will be re-examined by a higher administrative court, and Berlin must continue supporting the family in Pakistan until visas are issued or a constitutionally compliant decision is made.
German Constitutional Court Blocks Mass Cancellation Of Afghan Resettlement Promises
Afghan nationals board a bus as they arrived in Germany from Pakistan at Hannover Airport, after legal and diplomatic pressure pushed Germany to resume a scheme that allows the entry of vulnerable Afghans, in Hannover, Germany, September 1, 2025. REUTERS/Christian Mang
Germany's Constitutional Court has ruled that the federal government cannot cancel an entire set of promised resettlement places for Afghans without examining each case individually.
The court backed a complaint from an Afghan mother and her two sons who were selected in 2021 for admission under a 'human rights list' created after the Taliban regained control of Afghanistan. It found that the Interior Ministry's plan to end the scheme in December 2025 — which would have voided roughly 640 such commitments without individual review — violated the constitution's prohibition on arbitrary state action.
"Even where the executive enjoys a broad margin of discretion, it is never completely free," the court wrote, adding that any reversal after authorities have informed someone they will be admitted must take that person's individual circumstances into account.
The case will be returned to the competent higher administrative court for re-examination. Meanwhile, the court ordered that Berlin must continue providing support to the woman and her two sons, who are currently staying in Pakistan and receiving assistance funded by Germany, until visas are issued or until the Interior Ministry issues a new decision that complies with the constitution.
The Interior Ministry did not immediately respond to requests for comment.
Reporting by Kirsti Knolle and Miranda Murray
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