Germany’s Constitutional Court took the unusual step on 4 December of bypassing lower-court proceedings and ordering the federal government to make an immediate decision on a visa application filed by an Afghan former judge and his family, who have been stranded in Pakistan since 2021. The judge had convicted Taliban members before Kabul’s fall and faces credible death threats if forced back to Afghanistan.
Roughly 2,000 Afghans approved under Berlin’s relocation programme remain in limbo after the scheme was frozen earlier this year amid political wrangling over migration numbers. In its ruling, the court said the humanitarian risk outweighed administrative considerations and that “no sufficient grounds for delaying the visa procedure exist”.
![Top Court Orders Action on Afghan Judge’s Case; Berlin Promises Fast Visa Decision]()
An Interior-Ministry spokesperson said on 5 December that officials will comply with the judgment “as soon as we receive it”, signalling that a decision could come within days. While the ruling applies to one family, lawyers note it sets a precedent that may enable other high-risk applicants—from journalists to former embassy staff—to compel swifter action.
For global-mobility and duty-of-care managers, the case illustrates Germany’s readiness to intervene when life-threatening danger is proven, but also the unpredictability of a relocation pipeline that can stall for months. Corporations with at-risk Afghan alumni or contractors should document individual threats carefully and be prepared to litigate if delays persist.
The episode could also reignite debate inside the coalition about reinstating parts of the relocation scheme. Business groups, eager to recruit Dari- and Pashto-speaking talent, have quietly supported a restart, arguing that the skilled-worker shortage trumps migration-cap politics.
Roughly 2,000 Afghans approved under Berlin’s relocation programme remain in limbo after the scheme was frozen earlier this year amid political wrangling over migration numbers. In its ruling, the court said the humanitarian risk outweighed administrative considerations and that “no sufficient grounds for delaying the visa procedure exist”.
An Interior-Ministry spokesperson said on 5 December that officials will comply with the judgment “as soon as we receive it”, signalling that a decision could come within days. While the ruling applies to one family, lawyers note it sets a precedent that may enable other high-risk applicants—from journalists to former embassy staff—to compel swifter action.
For global-mobility and duty-of-care managers, the case illustrates Germany’s readiness to intervene when life-threatening danger is proven, but also the unpredictability of a relocation pipeline that can stall for months. Corporations with at-risk Afghan alumni or contractors should document individual threats carefully and be prepared to litigate if delays persist.
The episode could also reignite debate inside the coalition about reinstating parts of the relocation scheme. Business groups, eager to recruit Dari- and Pashto-speaking talent, have quietly supported a restart, arguing that the skilled-worker shortage trumps migration-cap politics.
