German Constitutional Court Rules That Afghan Resettlement Pledges Cannot Be Revoked Collectively

BERLIN — Germany’s Federal Constitutional Court ruled on Friday that the government cannot unilaterally cancel the resettlement places promised to Afghan nationals, emphasizing that each case must be evaluated individually.

The court supported a complaint filed by an Afghan mother and her two sons, who were chosen in 2021 for German admission under a human‑rights list created by the former administration after the Taliban regained power.

The interior ministry’s decision to terminate the program in December 2025 — cancelling roughly 640 commitments without reviewing each case — violated the constitutional prohibition against arbitrary state action, according to the court.

Chancellor Friedrich Merz’s administration introduced stricter controls after taking office last year, coinciding with a rise in support for the anti‑immigration AfD party following former Chancellor Angela Merkel’s decision to admit approximately one million asylum seekers from nations such as Syria and Afghanistan.

These admission programmes have been politically sensitive, with security officials repeatedly expressing concerns that the identities of certain applicants cannot be definitively verified and that some have submitted false information.

Human‑rights organisations, however, accuse the ministry of attempting to hinder admissions for vulnerable Afghans.

RIGHTS GROUP WELCOMES RULING
The court noted that the government retains broad discretion under Germany’s residence law and may still choose not to admit the complainants.

Nevertheless, the court stressed that any rescission of a prior commitment must consider the specific circumstances of the individuals involved.

The decision remands the matter to Berlin’s higher administrative court for further review.

The interior ministry is presently awaiting the higher court’s ruling, a spokesperson said.

The Afghan woman and her family remain in Pakistan, where they are receiving support funded by Germany.

The court held that Berlin must keep providing support in Pakistan until visas are granted or the ministry adopts a new, constitutionally compliant decision.

Germany’s Society for Civil Rights, which crafted the model constitutional complaint underlying this case, welcomed the ruling.

‘This is good news for fundamental rights, but it is not enough,’ lawyer Mareile Dedekind stated.

‘Germany must finally bring those seeking protection to safety from torture and death.’

The rights group noted that about 30 similar cases remain pending before the Constitutional Court.

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