OVG Berlin Brandenburg, 4 June 2025, Ref.: 6 B 4/24
In an important decision of 4 June 2025 (OVG Berlin-Brandenburg, Ref.: 6 B 4/24), the Higher Administrative Court of Berlin-Brandenburg clarified that a so-called endangerment notification submitted by former Afghan local workers to their former German employer is not a legally valid visa application. This distinction has far-reaching consequences for those affected and clearly clarifies the legal situation.
Case Background
The plaintiff, a former local employee, had sent a risk report by email to his former employer, the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), in which he described his risk situation. GIZ forwarded this case to the responsible ministry for review. However, the applicant had not submitted a formal visa application to a German diplomatic mission abroad. The Berlin Administrative Court had initially ruled in favour of the plaintiff, but this has now been overturned by the Higher Administrative Court.
What exactly was decided?
The court found that the notification of risk is merely an informal way of drawing attention to a possible risk. However, it does not replace the legally required visa application, which must be submitted to a German diplomatic mission abroad. This is crucial because only a formal application can lead to a visa being issued in the first place.
Why is this decision important?
The decision clarifies that a political decision by the Federal Government as to whether it wishes to accept local labour for political reasons is fundamentally beyond judicial review. The Federal Government makes this decision solely in its own political interests. This also means that the internal decision-making practice cannot give rise to any claims for equal treatment or visa issuance for those affected.
Practical implications for those affected
Former local employees and their families must submit a formal visa application to a German diplomatic mission abroad, even if they have already submitted a risk report. Without this formal step, no visa procedure will be opened and therefore no decision will be made.
What should those affected consider now?
- An endangerment notice does not replace the visa application.
- Submit a formal visa application to the German diplomatic mission abroad in good time.
- Document all steps thoroughly to ensure smooth processing.
Conclusion
This clear legal separation between political decision-making and formal visa applications emphasises the importance of submitting the correct application. For local Afghans and their families, this means that they must take action and submit a visa application themselves in order to secure their rights.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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