In a landmark ruling on 24 July 2026, the Federal Constitutional Court in Karlsruhe struck down the Interior Ministry’s blanket suspension of Germany’s humanitarian admissions programme for at-risk Afghans. The judges held that the government may not simply revoke previous pledges of protection; every application must be assessed individually and the personal dangers for each applicant must be weighed. The case was brought by a mother and her two children who had been promised relocation in 2021 because of her work for women’s rights. After the change of government in 2025, the Interior Ministry voided all outstanding approvals and declared that “no political interest” in further admissions existed. The Court called the move “arbitrary” and a violation of the constitutional ban on capricious state action. Practically, the decision obliges Germany’s immigration authorities and overseas missions to reopen hundreds of stalled files—many applicants are currently stranded in Pakistan under precarious conditions—and to issue written, reasoned decisions. Lawyers expect the ruling to accelerate pending lawsuits and to serve as precedent for other suspended humanitarian schemes. For global mobility and corporate relocation teams, the judgement is significant on two fronts. First, it re-affirms Germany’s commitment to the rule of law in immigration matters, reducing political volatility for employer-sponsored transfers under § 22 Residence Act. Second, it may ease reputational and duty-of-care concerns for German firms that still employ Afghan contractors or interpreters abroad. HR managers should anticipate a resurgence of humanitarian visa requests and coordinate early with local foreigners’ offices (Ausländerbehörden). Processing backlogs are likely while the authorities build new assessment capacity; contingency plans and extended lead-times for project assignments are advisable.
Source: ZDFheute
