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Legal Defeat Forces German Government to Honor Asylum Promises
Germany's new conservative government under Chancellor Friedrich Merz has been compelled to admit over 2000 Afghan refugees after losing a series of court battles. The refugees, who include LGBTQ+ individuals, journalists, political opponents, and former German government employees, were promised asylum by the previous administration under Chancellor Olaf Scholz.
Political Reversal and Legal Challenges
The Merz government, which took power in May 2025, had attempted to reverse the asylum commitments made by the previous SPD-led administration. Interior Minister Alexander Dobrindt argued that Germany had no responsibility toward these individuals since they lacked direct connections to the country. However, multiple court rulings determined that the government was legally bound by "binding, non-revoked admission promises."
Humanitarian Crisis in Pakistan
The policy uncertainty created by Germany's reversal left thousands of Afghan refugees stranded in Pakistan, where they had been processing their asylum applications at the German embassy. Last week, Pakistani authorities arrested over 450 Afghan asylum seekers, with 210 being deported back to Afghanistan. Germany has now promised to deploy staff in Pakistan to assist the affected individuals.
Broader Implications for German Asylum Policy
This legal defeat represents a significant setback for Chancellor Merz's hardline immigration agenda. The conservative government had campaigned on reducing asylum numbers and implementing stricter border controls. However, German courts have consistently ruled against attempts to circumvent international refugee protections.
European Migration Context
The situation highlights the ongoing tension between political promises to reduce migration and legal obligations under international and European law. Germany remains one of the top destinations for Afghan refugees, with over 6.4 million Afghans displaced worldwide since the Taliban's return to power in 2021.
Experts warn that while the Merz government may have suffered a legal defeat, the political damage is limited as they can attribute the responsibility to the previous administration. Nevertheless, this case demonstrates the challenges of implementing restrictive asylum policies within Germany's robust legal framework.
