German court: Afghan resettlement pledges cannot be revoked wholesale

Germany's top court declared on Friday that the government cannot unilaterally revoke a large number of resettlement places promised to Afghans. The Constitutional Court ruled that each case requires individual consideration, upholding a complaint filed by an Afghan mother and her two sons. These individuals had been selected in 2021 for admission to Germany under a "human rights list" established by the previous administration following the Taliban's return to power.

The current Interior Ministry's decision to end the scheme by December 2025, which would have invalidated approximately 640 promises without reviewing individual circumstances, was found to violate the constitutional prohibition against arbitrary state actions. The court emphasized that even with significant executive discretion, authorities are not entirely free from constraints.

Once an individual has been informed of their admission, any subsequent reversal must take their specific circumstances into account, the court stated. The case will now be re-examined by the competent higher administrative court. The woman and her family are currently residing in Pakistan, receiving German-funded support. The court mandated that Berlin must continue this support until visas are issued or a new, constitutionally compliant decision is made.

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Even where the executive enjoys a broad margin of discretion, it is never completely free.