German court rules government wrongly denied Afghan refugees asylum

Germany's Constitutional Court has ruled that the government improperly revoked the acceptance of Afghan refugees who had already been approved for asylum. The decision came in response to a lawsuit filed by an Afghan woman and her two minor children.

The plaintiffs had been notified in 2021 that they would receive asylum in Germany through a voluntary humanitarian intake program. They had traveled to Pakistan to apply for visas at the German embassy. However, in 2025, the new government led by Chancellor Friedrich Merz canceled voluntary intake programs, declaring previous administrative decisions invalid. This affected approximately 640 Afghan citizens whose visa applications were subsequently rejected.

Initially, a German administrative court sided with the government, viewing the decision to reverse the acceptance as a legitimate political choice. This interpretation was overturned by the Constitutional Court. The court affirmed that while the executive branch has discretion in matters like voluntary refugee intake, its actions cannot be arbitrary and must adhere to established rules.

The Constitutional Court specified that the revocation of an already approved acceptance should have been handled on an individual basis, taking into account each person's specific situation. The Higher Administrative Court of Berlin will now re-examine the case and determine the state's financial support obligations for the plaintiffs while they await a final resolution. Mareile Dedekind, a lawyer for one of the NGOs supporting the plaintiffs, called the ruling "good news for fundamental rights" but stated it is "not enough." The organization noted that around 30 other constitutional lawsuits from individuals in similar situations are pending.

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The government cannot generically revoke its promises of protection for Afghan men and women in at-risk situations. It is good news for fundamental rights, but it is not enough.