German court rules mass cancellation of Afghan admission promises unconstitutional, orders case-by-case review

## Background In August 2021, as international forces withdrew from Afghanistan, the Islamist Taliban retook power. The German government responded by launching admission programs for former local employees of German institutions and other individuals deemed particularly at risk. Under the German Residence Act, a residence permit must be granted if the Interior Ministry has declared admission to uphold political interests. Many of those promised protection were relocated to Pakistan, where they have waited for months or years for their visas. In May 2025, the coalition government of CDU/CSU and SPD temporarily suspended the programs. On 22 December 2025, the Interior Ministry went further, revoking all admission promises for approximately 640 Afghans from the so-called bridging program and the human rights list, arguing that there was no longer any political interest in their admission. The ministry's order voided the promises without examining each individual case.

The court's decision

On 24 July 2026, the Federal Constitutional Court in Karlsruhe ruled that this blanket cancellation was arbitrary and violated the constitutional prohibition of arbitrariness. The court upheld a complaint by an Afghan mother and her two minor sons, who had been promised admission in 2021. The judges found that the ministry's revocation order of December 2025 did not meet the requirements of the prohibition of arbitrariness because it failed to examine each individual case. The court stressed that even where the executive enjoys broad discretion, it is never completely free, and that the prohibition of arbitrariness requires a case-by-case examination.

The Interior Ministry's revocation declaration of December 2025 does not satisfy the requirements of the prohibition of arbitrariness.

Once a person has been informed of their admission, individual circumstances must be reviewed before the promise can be withdrawn. The case was sent back to the Higher Administrative Court of Berlin-Brandenburg for a new decision.

Obligations towards those in Pakistan

The Constitutional Court ordered the Interior Ministry to continue supporting the Afghans currently in Pakistan until they are either admitted to Germany or the ministry issues a constitutionally compliant revocation. Germany must also engage with the Pakistani government to prevent the plaintiffs from being arrested or deported to Afghanistan. The court explicitly prohibited the arbitrary termination of voluntary support. The Higher Administrative Court will also have to decide on interim measures to ensure continued assistance.

Broader significance

The Society for Civil Rights (GFF) stated that this case is one of 31 constitutional complaints filed using a model complaint prepared by the organization. The ruling, the first to be decided among them, could positively affect the fate of around 400 other Afghans in similar situations. The decision establishes that admission promises made under humanitarian programs cannot be revoked en masse without individual review, and that the government's discretion is bounded by the constitutional ban on arbitrariness.