Germany may not simply withdraw its commitment to admit vulnerable Afghans to Germany across the board. Each case must always be examined individually. This is what the Federal Constitutional Court has ruled. The justices found that Germany had violated the “prohibition against arbitrariness” when it withdrew its commitment to admit persecuted individuals in 2025. However, the Afghan women’s rights activist, who had filed a lawsuit from Pakistan on behalf of herself and her two sons, still achieved only a partial victory: The constitutional judges have ruled that the Higher Administrative Court of Berlin-Brandenburg must rule again on this specific case.
However, as long as the proceedings are ongoing, Germany must support the family and advocate with the local government to ensure that they are not deported to Afghanistan like so many others. The woman had traveled with her two children from Afghanistan to Pakistan to apply for a visa to Germany there.
“Human Rights List”
The woman had previously been placed by German authorities on the German Foreign Ministry’s so-called “Human Rights List” when the Taliban took power in Afghanistan in 2021. The list was intended to allow Afghans who had advocated for democracy and human rights—and were therefore considered to be at particular risk—to travel to Germany. 15,000 people were admitted through the Human Rights List before the black-red federal government halted this and other resettlement programs—such as support for local staff—in May 2025. According to Mediendienst Integration, as of April 2026, 873 Afghans were still waiting in Pakistan with support from the federal government, and 181 were waiting in Afghanistan.
Further information:
https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2026/bvg26-046.html?nn=68080
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