German Court Rules Afghan Local Staff Have No Right to Sue Over Entry Visas

German Court Rules Afghan Local Staff Cannot Sue Over Visa Denials

The Higher Administrative Court of Berlin has ruled that Afghan nationals who worked for Germany in Afghanistan cannot legally sue the German government for denying them entry visas. The court emphasized that the decision to grant such visas lies solely at the discretion of the federal government, even if the applicants meet certain eligibility criteria.

Court Upholds Discretionary Nature of Visa Approvals

According to the ruling, the German government is not legally obligated to approve visa applications from Afghan local staff, as each case is handled individually under governmental discretion. The judgment was made in response to a lawsuit filed by an Afghan man who had collaborated with Germany in Afghanistan.

The plaintiff, who claimed to have conducted literacy courses for Afghan police officers, said he faced threats from the Taliban due to his work. His application for a German entry visa was denied in August 2021, prompting him to file a legal challenge in April 2022. While an initial court decision had ruled in his favor, the higher court overturned that verdict, declaring the lawsuit to be unfounded.

14-Member Afghan Family Also Challenges Germany’s Inaction

In a separate case, a 14-member Afghan family filed a lawsuit against the German Foreign Office in May 2025. The woman leading the case—a writer and scientist—claimed that despite receiving a formal promise of admission to Germany under the Federal Admission Program, German authorities have failed to issue the required visas.

The woman is classified as “individually at risk” due to her professional background and public exposure, meeting the criteria set out by the Federal Admission Program, which aims to protect vulnerable individuals.

Her family has been living in Pakistan for over 16 months, awaiting visa approvals. However, no progress has been made, prompting legal action.

Thousands Awaiting Entry as Uncertainty Grows

These individual cases are part of a much broader issue. As of 2025, approximately 2,500 Afghan nationals in Pakistan are still waiting for their visa applications to be processed under the German humanitarian admission scheme. The program was designed to offer refuge to Afghans under threat due to their cooperation with German institutions, particularly after the Taliban’s return to power.

The situation has become more precarious following remarks by German Chancellor Olaf Scholz, indicating that the current government may phase out such admission programs, triggering widespread concern among Afghan applicants who remain stranded in third countries.

Conclusion

The latest court decision underscores the legal limitations faced by Afghan nationals seeking protection in Germany, even after documented cooperation with German entities. With the future of humanitarian admission programs uncertain, thousands of Afghans—many in vulnerable conditions—now face a prolonged period of waiting and fear, with limited legal recourse available.

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