Court Ruling on Afghan Resettlement
Last year the federal government withdrew a prior promise to issue visas to several hundred Afghans who had fled the Taliban regime. Affected individuals challenged the decision, leading to an interim order from the Federal Constitutional Court.
The court held that the administration may not rescind such promises without a justified reason. A blanket denial of entry to the entire group violates the Basic Law unless each case is examined individually.
Judges emphasized that the protection of legitimate expectations, a core principle of administrative law, also applies to humanitarian admission commitments. Authorities must therefore assess whether specific grounds exist against admission before withdrawing a previously granted visa.
The ruling immediately affects the concerned persons, who may now continue their visa applications. It also obliges the government to review its procedures and establish clearer criteria for any future withdrawal of promises.