The Federal Constitutional Court has ruled that the general admission stop for endangered Afghans imposed by the federal government is unconstitutional. The decision stems from a complaint filed by an Afghan woman and her two sons, who were denied access to the asylum procedure due to the blanket exclusion.
The government had justified the stop by citing the security situation in Afghanistan, arguing a temporary restriction on admissions was necessary. The court examined whether the measure was suitable, necessary and proportionate to achieve its aim.
In its reasoning, the court stressed that a blanket ban without an individual assessment of each case violates the guarantee of equal treatment and therefore constitutes arbitrariness under the Basic Law. It emphasized that authorities must examine the concrete circumstances of each person before deciding on an exclusion.
As a consequence, the government must lift the general admission stop and reinstate an individual asylum procedure. The ruling highlights the court’s function as guardian of fundamental rights, ensuring that state actions comply with constitutional standards.