BERLIN, July 24 (Reuters) – Germany’s top court ruled on Friday that the government could not simply cancel an entire swathe of resettlement places promised to Afghans, and that each case must be considered individually.
The Constitutional Court backed a complaint by an Afghan mother and her two sons who had been selected in 2021 for admission to Germany under a “human rights list” set up by the previous government after the Taliban returned to power.
The decision by the current Interior Ministry to end the scheme in December 2025, voiding about 640 such promises without examining the individual cases, breached a constitutional ban on arbitrary state action, it said.
“Even where the executive enjoys a broad margin of discretion, it is never completely free,” the court wrote.
Once authorities have informed a person that he or she will be admitted, any subsequent reversal must take that individual’s circumstances into account, it added.
The case must now be re-examined by the competent higher administrative court.
The woman and her family are currently staying in Pakistan, where they have been receiving support funded by Germany.
The court ruled that Berlin must continue supporting them in Pakistan until visas are issued or the ministry makes a new decision that is compliant with the constitution.
The ministry did not immediately respond to a request for comment.
(Reporting by Kirsti Knolle and Miranda Murray)
