德国联邦宪法法院裁定，政府不能对阿富汗人的入境承诺进行大规模撤销。[1]法院判决一名阿富汗女性申请人胜诉，她曾起诉内政部撤销其2021年获得的保护性入境承诺。[1]
根据法院裁定，内政部必须逐案审查约640名阿富汗人的入境资格，而不能采取一刀切的方式取消。[1]法院在判决中指出："即使行政部门享有广泛的自由裁量权，也绝不是完全自由的。"[1]此外，法院下令内政部继续为目前在巴基斯坦的阿富汗人提供支持，直到其入境或按照《基本法》审查其案件。[1]该案件将由德国高等行政法院重新审查。[1]
Germany's Federal Constitutional Court has ruled that the government cannot revoke entry permits for Afghan nationals on a blanket basis [1]. The court sided with an Afghan woman who challenged the Interior Ministry's decision to cancel her protective entry permit that she had received in 2021 [1]. Rather than allowing wholesale cancellations, the court has mandated that the Interior Ministry conduct individual case-by-case reviews [1].
The ruling addresses a policy announced by the Interior Ministry in December 2025 to revoke entry eligibility for approximately 640 Afghan nationals [1]. The court emphasized that "even if the administrative authorities enjoy broad discretion, it is by no means complete freedom" [1]. The Interior Ministry has been instructed to continue providing support to Afghan nationals currently in Pakistan until they enter Germany or their cases are reviewed in accordance with Germany's Basic Law [1]. The case will be reconsidered by Germany's higher administrative court [1].