Afghan Local Staff Cannot Sue Germany for Entry Visa, Court Rules

Afghan nationals who worked for German institutions in Afghanistan cannot legally compel the German state to issue them an entry visa, according to a recent ruling by the Higher Administrative Court of Berlin.

The court clarified that granting visas to Afghan local staff is at the discretion of the German government and not a legal entitlement — even when applicants meet certain conditions. Each application is assessed on a case-by-case basis.

This ruling reversed an earlier, more favourable decision in favour of an Afghan man who had filed a lawsuit after his visa application was rejected. The man, who had organised literacy courses for Afghan police officers, argued that he now faces threats from the Taliban due to his former role. His visa application was denied in August 2021, and he initiated legal action in April 2022. The court has now ruled the claim as unfounded.

Afghan Family Also Pursuing Legal Action Over Visa Denials

This is not the only legal challenge involving Afghan citizens and Germany’s visa policies. In May 2025, a 14-member Afghan family also filed a lawsuit against Germany’s Foreign Office. The case was led by a woman — a writer and scientist — who had been granted admission under Germany’s Federal Admission Program. The program is designed to help individuals facing particular risks due to their professional or public engagement.

Despite receiving admission approval, the family has been waiting in Pakistan for over 16 months without any further progress on their visa applications. The woman claims that Germany has failed to honour its commitment.

Reports indicate that approximately 2,500 Afghan nationals are currently awaiting relocation under Germany’s Federal Admission Program while residing in Pakistan.

Adding to concerns, Germany’s Chancellor recently stated that the government intends to end the current structure of the admission program. This announcement has caused deep anxiety among eligible Afghan nationals still waiting for entry clearance.