Rights groups accuse German ministers over Afghan deportations from Pakistan

Two of Germany’s leading refugee advocacy groups filed criminal complaints on August 15–16, 2025 against Foreign Minister Johann Wadephul and Interior Minister Alexander Dobrindt, accusing them of “abandonment” and “failure to render assistance” after the deportation of 34 Afghan nationals from Pakistan who had already been accepted for resettlement in Germany but were still waiting for travel documents. The complaints, lodged by PRO ASYL and Patenschaftsnetzwerk Ortskräfte, cite Section 221 of Germany’s Criminal Code and argue the ministers failed to act despite known risks to those returned to Taliban-controlled Afghanistan.

Criminal complaint: immediate trigger and claims

According to the advocacy groups, the deportations that preceded the filings show a direct link between Germany’s suspended admission program and the harm faced by Afghans who had German approval but no visas. They say German missions did not issue visas in time and did not intervene early enough with Pakistani authorities to prevent removals.

The organizations contend this delay breached a legal duty of care for people Germany had already promised to protect.

• Foreign Minister Wadephul said Berlin is in contact with Pakistan “at the highest levels” and expressed “deep concern” for those affected, while confirming the humanitarian admission program remains paused.
• That suspension dates to May 2025 under Chancellor Friedrich Merz’s migration policy shift, leaving thousands who received admission pledges stuck in Pakistan without valid status.

UN agencies warn that deported Afghans face serious danger — including arrests, mistreatment, and risk of execution, especially for women, former officials, journalists, and civil society workers. UNHCR emphasized the principle of non-refoulement and has urged Pakistan to stop forced returns of Afghans who previously held protected status or have pending resettlement cases.

“No country should send people back to danger.” — UNHCR principle reiterated in response to the removals.

Deportations, policy freeze, and legal duties

The recent deportations occurred amid a much wider removal campaign. Key figures and context:

• 352,000 Afghans returned from Pakistan in 2025 (UNHCR).
• More than 200,000 deported since April 2025 alone.
• Over one million returned since 2023.
• Advocacy groups estimate about 2,000 Afghans in Pakistan are still waiting for German visas as of August 2025, despite receiving admission pledges after the 2021 Taliban takeover.

A German court ruling in July 2025 found the government has a “legally binding obligation” to issue visas to those already accepted. Analysis by VisaVerge.com interprets that judgment as establishing a clear duty to process visas for approved applicants even while policy debates continue.

The new criminal complaints rely on similar logic: if the state has promised protection, it must take practical steps — such as issuing visas and engaging with Pakistan — to make that promise real.

The 34 deported Afghans and legal basis for complaint

For the 34 Afghan nationals deported this month, advocacy groups argue necessary steps were not taken in time. They assert:

• Section 221 applies because the state’s inaction, despite clear warnings, exposed people to grave danger.
• German missions failed to issue visas promptly.
• Diplomatic engagement with Pakistani authorities was insufficient to prevent removals.

German officials counter that Berlin does not control Pakistan’s removal decisions and point to ongoing diplomatic talks. Pakistani authorities cite security and documentation concerns and have resumed large-scale removals of Afghans without valid papers.

UNHCR and other UN human rights officials oppose forced returns to Afghanistan under current conditions, documenting widespread abuses and stressing there is no safe, sustainable way to send people back at this time. Their stance aligns with Germany’s earlier commitments after 2021, but the policy suspension has created a gap between promise and delivery.

Key facts at a glance

• Dates of complaint: August 15–16, 2025
• Deportations tied to the filing: 34 Afghan nationals accepted by Germany, returned from Pakistan while awaiting visas
• Scale of returns from Pakistan: 352,000 in 2025 (UNHCR); over 200,000 since April 2025; more than one million since 2023
• People stranded with German pledges: About 2,000 in Pakistan

Why visas — and timing — matter

Advocacy groups say the core problem is the gap between admission pledges and visa issuance. Without visas, approved applicants cannot board flights to Germany. As deportations accelerate in Pakistan, those with German approval but no documents face arrests at checkpoints, detention, and forced return.

The complaint argues Germany must either:

• Move faster on visa processing, or
• Secure safe passage agreements with Pakistan to prevent further harm.

The Foreign Office says consular teams are working the cases. Under normal procedures, people accepted for humanitarian admission receive national visas issued by German missions. The process uses the German national visa application system, completed through the official VIDEX platform. The form is accessible at https://videx.diplo.de/. General visa rules and updates are posted by the German Foreign Office at https://www.auswaertiges-amt.de/en/visa-service/visabestimmungen-node.

Sequence typically followed for approved applicants

For Afghans with prior German approvals, the usual pathway is:

1. Apply for German humanitarian admission.
2. Receive an admission pledge confirming future visa issuance.
3. Wait in Pakistan for visas and travel documents.
4. Face detention and deportation risks if papers expire before visas arrive.
5. See legal action escalate when removals proceed despite prior German approval.

Possible outcomes and pressures

What happens next could shape policy. The criminal complaints may prompt prosecutors to review ministerial actions and the government’s responsibilities under national law. The July court ruling already outlines a duty to issue visas for accepted cases.

Possible scenarios:

• If enforcement follows, visa issuance for those with admission pledges could restart.
• If not, pressure from courts, advocacy groups, and UN agencies is likely to increase as humanitarian risks grow.

Pakistan’s stance remains firm: removals will continue for Afghans without valid documentation. UNHCR urges a halt to returns and reiterates that conditions in Afghanistan are not safe. Germany faces a choice between expressing concern and taking concrete steps that would allow approved applicants to travel.

For families waiting in Islamabad and Karachi, the difference is measured in days, not months. The central question now is whether Berlin will match its earlier commitments with action that protects those already accepted.

The chance for the 34 Afghan nationals deported this month to reach safety may depend on rapid coordination between Germany and Pakistan — and on whether visa desks reopen for the people Germany already promised to bring in.