Top German court says Afghan resettlement pledges cannot be revoked en masse

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 Islamic Emirate returned to power, Reuters reported.

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.