Afghan Local Staff Cannot Legally Sue Germany for Entry Visas, Court Rules
Berlin, June 2025 — In a ruling that could have significant implications for Afghan nationals formerly employed by German institutions, the Higher Administrative Court of Berlin has determined that Afghan local staff cannot legally compel the German government to issue entry visas.
The decision came in response to a lawsuit filed by an Afghan man and his family, who had worked with German authorities in Afghanistan but were denied visas to enter Germany. The court ultimately ruled that visa decisions remain within the discretion of the German government and that there is no legal obligation to approve such applications—even if the applicants have supported German efforts and may now be at risk in their home country.
The Afghan man had previously seen partial success in lower courts, arguing that his role in conducting literacy courses for Afghan police officers had placed him in danger under Taliban rule. However, the higher court overturned the earlier ruling, declaring the claim unfounded. The plaintiff originally applied for a visa in August 2021 and filed the lawsuit in April 2022.
Visa Promises and Legal Limits
According to reporting by Schengen.News, the court emphasized that while the German government may offer assistance or make public commitments to support at-risk individuals, these statements do not create enforceable legal rights under current visa policy.
The ruling adds to growing controversy around Germany’s handling of visa applications from Afghan nationals who cooperated with its military or civil missions. Human rights groups have increasingly criticized Germany for failing to deliver on its commitments, particularly as many such individuals face heightened threats under Taliban control.
Similar Cases Raise Broader Concerns
The court decision follows a similar case involving a 14-member Afghan family that also sued the German Foreign Office earlier this year. The family, currently residing in Pakistan, had reportedly been promised admission to Germany under the Federal Admission Program—an initiative intended to support individuals facing personal risk due to their work in Afghanistan, such as journalists, activists, and academics.
Despite receiving confirmation of their eligibility, the family has remained in legal limbo for over 16 months, with no visas granted. One of the plaintiffs, a writer and scientist, has argued that Germany failed to uphold its admission commitment.
There are currently around 2,500 Afghan nationals awaiting relocation under similar circumstances, many of whom are living in temporary conditions in third countries such as Pakistan. The backlog and lack of clarity have created growing anxiety among those who had once supported international missions and now fear for their safety.
German Chancellor Olaf Scholz has previously suggested that such humanitarian programs could be phased out under the current administration, further complicating the future for many applicants still in limbo.
Source:
Schengen.News – Afghan Local Staff Cannot Sue Germany for Entry Visa
