A court ruling is forcing Germany to accept an Afghan judge

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A court ruling is forcing Germany to accept an Afghan judge
Justice prevails: After fleeing the Taliban, an Afghan judge has won a legal battle for asylum and a new beginning in Germany. – demo.burdah.biz.id

A court ruling is forcing Germany to accept an Afghan judge

Germany’s highest court has ordered the government to immediately grant entry to a former Afghan judge and his family. The Federal Constitutional Court in Karlsruhe issued the urgent judgment on Thursday, bypassing lower courts in a move that underscores the gravity of the family’s situation.

This decision is a significant development. It cuts through years of bureaucratic delay that left the family in limbo.

The ruling directly compels the German state to issue a provisional visa, ending a two-and-a-half-year wait in Pakistan for the former Supreme Court judge, his wife, and their four children.

An Exceptional Intervention by the High Court

The Karlsruhe court took the highly unusual step of not referring the case back to the administrative court in Berlin-Brandenburg, which had previously rejected the family’s plea. The judges cited the “special urgency” and “exceptional nature” of the circumstances to justify their direct and final intervention. This kind of action from the Constitutional Court is reserved for situations where fundamental rights are at immediate risk and lower judicial paths have failed to provide a timely remedy.

The family had lodged their urgent appeal with the support of the GFF, a human rights organization. Their legal battle aimed to secure safe passage to Germany after fleeing Afghanistan following the Taliban’s return to power. The GFF highlighted the protracted period the family spent in precarious conditions in Pakistan, waiting for a decision on their future.

The Constitutional Court made reference to the case’s “special urgency” and “exceptional nature” in its ruling.

A Journey Marked by Delays and Rejection

The family’s path was fraught with administrative hurdles despite early positive signals. The German Interior Ministry had placed the family on a “bridging list” for vulnerable Afghans back in 2022. A crucial step came when the Foreign Office confirmed in mid-2023 that there were no security reservations against their entry. This clearance should have paved the way for their relocation.

Despite these approvals, their urgent application for entry was inexplicably rejected by the Berlin-Brandenburg administrative court. That rejection forced the family to appeal to the highest judicial authority in the country, the Federal Constitutional Court, as a last resort. The wait has been long. For over two years, they remained in Pakistan, their lives on hold while their case moved through the German system.

Broader Context of Afghan Relocation Programs

This individual case unfolds against a complex backdrop of German policy toward Afghan refugees. After the NATO-led deployment ended and German officials left Afghanistan ahead of the Taliban takeover in 2021, Germany established programs to bring vulnerable Afghans to safety. These programs prioritize individuals who are at risk due to their previous work or social standing.

The political climate has impacted the speed and scope of these efforts. The current government coalition had, at one point, temporarily halted new admissions under these programs to manage the process. However, relocation efforts have not stopped entirely. In recent weeks, several flights carrying Afghans with prior approval for acceptance have arrived from Pakistan, showing that the system, while slow, is still functioning.

  • Local Staff: Many Afghans awaiting entry worked for German military or development officials during the deployment.
  • Human Rights Defenders: Activists, journalists, and judicial figures like the judge in this case are considered at high risk.
  • Humanitarian Cases: Other individuals are accepted based on specific vulnerabilities.

A System Under Pressure

The ruling from Karlsruhe brings relief to one family, but it also shines a light on the nearly 1,900 other Afghans who are still waiting for their approved entry into Germany. These individuals are caught in various stages of the bureaucratic process, many in neighboring countries like Pakistan, facing uncertain futures.

The court’s decision serves as a powerful reminder of the state’s responsibility in humanitarian crises, especially for those who partnered with or upheld the values of allied nations in Afghanistan. For the former judge and his family, the judgment is not just a legal victory. It is a lifeline, offering a long-awaited chance to rebuild their lives in safety. The ruling sets a precedent, emphasizing that in exceptional cases of clear and present danger, judicial powers can and must act decisively to protect fundamental human rights.