Germany’s Constitutional Court ruled on Friday that the government cannot revoke hundreds of promised resettlement places for Afghan nationals through a blanket decision, saying each case must be assessed individually.
The ruling came after an Afghan mother and her two sons challenged the government’s decision to cancel their planned admission to Germany. The family had been selected in 2021 under a humanitarian resettlement programme created after the Taliban returned to power in Afghanistan.
The court found that the Interior Ministry’s decision in December 2025 to terminate the programme and invalidate around 640 outstanding admission commitments without reviewing individual circumstances violated Germany’s constitutional prohibition on arbitrary state action.
The judges said that while the executive branch has broad discretion over immigration policy, it cannot act without regard to constitutional principles.
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“Even where the executive enjoys a broad margin of discretion, it is never completely free,” the court said in its ruling.
It added that once authorities formally notify a person that they will be admitted to Germany, any later decision to withdraw that commitment must consider the individual’s specific circumstances rather than applying a blanket policy.
The Constitutional Court ordered that the family’s case be reconsidered by the relevant higher administrative court.
Family to Continue Receiving German Support
The Afghan family is currently staying in Pakistan, where Germany has been funding their accommodation and support while awaiting relocation.
The court ruled that the German government must continue providing assistance until visas are issued or the Interior Ministry reaches a new decision that complies with constitutional requirements.
The Interior Ministry did not immediately comment on the ruling.
The decision represents an important legal setback for Germany’s efforts to scale back humanitarian migration programmes under its tougher immigration policy. While the ruling does not prevent Berlin from ending Afghan resettlement schemes, it establishes that previously granted admission commitments create legal obligations that cannot be withdrawn collectively. The judgment reinforces judicial oversight over executive migration decisions and could require authorities to individually review hundreds of pending Afghan resettlement cases, potentially slowing efforts to reduce humanitarian admissions.
With information from Reuters.
