Appeals must be exercised in accordance with the law of the Schengen State which has rejected the visa application.
Belgium
Belgian law provides for the grounds of visa refusal to be given in writing to the applicant. In case of denial, the applicant may lodge an appeal with the Council of State to seek annulment of the decision by means of a petition sent by registered mail within 30 days from the notification of the refusal. Provided petitioner is able to prove the existence of a serious and not easily reparable damage, he or she may also, with a separate petition, request the suspension of the decision of rejection.
The Council of State of Belgium is not entitled to order the issue of a visa. If the visa rejection is voided, the authority will have to make a new decision on the visa application, taking into account the reasons laid down in the court's determination.
Denmark
An appeal may be lodged without time limitation with the Ministry of Refugees, Immigration and Integration Affairs. The Immigration Department of the Ministry will review the application based, should the case arise, on the new elements presented by the appellate. The appeal must expose the name of the applicant, his or her nationality, the number of the application and the date of the decision. If the appeal is rejected, the applicant may file a motion with the Danish tribunals.
Finland
Visa denials must be notified in writing. These decisions are not subject to appeal.
France:
Grounds for refusal are not communicated unless the refusal concerns a person who is a family member of a EU national or for whom an alert was issued in the Schengen Information System for the purposes of refusing entry. The applicant may appeal before the Commission de recours contre les décisions de refus de visa d'entrée en France, which is instituted by the Minister of Foreign Affairs. The appeal must be lodged within 2 months of the notification of the decision. The Commission may either reject the appeal or recommend to the Minister of Foreign Affairs to issue the visa.
If the Commission rejects the appeal, the person concerned may lodge a petition for annulment with the Council of State within 2 months from the notification of the decision. The petition shall explain the facts and the legal means involved in the case. The Council of State is not entitled to order the issue of the visa. In the event of annulment of the decision taken by the Commission de recours, the Foreign Minister will have to make a new decision upon the visa application. An appeal may only be lodged with the Council of State if, beforehand, petitioner has unsuccessfully filed a motion with the Commission de recours.
Germany
No reason must be communicated for refusing a visa. In case of denial the applicant may ask the Consulate to review the decision. If the rejection is maintained the applicant will be informed of the reasons for denying the visa. An appeal may then be filed within one month of the notification of this decision with the Administrative Court in Berlin.
Italy
Consulates must notify the refusal in a language understood by the applicant or alternatively in English, French, Spanish or Arabic. Nevertheless no reason needs to be given for the refusal. Within 60 days, the applicant may lodge an appeal against the rejection with the Administrative Regional Tribunal of the Lazio Region.
Luxembourg
In case of denial, an appeal may be filed with the Administrative Tribunal within three months of notification of the decision. The Tribunal is not entitled to order the issue of the visa. If the denial is overruled, the case is returned for reconsideration. Negative decisions by the Administrative Tribunal may be further appealed with the Administrative Court within 40 days of receipt of the decision.
Netherlands
Applications that have been denied may be reviewed by the Ministry of Foreign Affairs or the Ministry of Justice. The decision indicates with which of those two authorities the appeal must be instituted. It must be filed within 4 weeks from the notification of the decision. A new decision will be taken. If the appeal is founded, instructions will be sent to the Consulate in order to issue the visa. If the appeal is rejected, the case may be further appealed with the Vreemdelingenkamer of the competent tribunal. This appeal must be filed within 4 weeks following the rejection.
Norway
Within three weeks of the notification of the denial, an appeal may be filed by means of a form to be handed over to the Consulate which will forward it to the Directorate of Immigration where the case will be reviewed. The determination made by this authority is final. The visa refusals made directly by Directorate of Immigration may be appealed with the Utlendningsnemda within three weeks of the notification. The rulings made by this court are final.
Spain
Grounds for refusal do not have to be communicated. Within one month of the visa denial, the applicant may file an appeal with the Consulate or, within two months, he or she may lodge an appeal with the Tribunal Superior de Justicia de Madrid.
Sweden
Visa denials may not be appealed. However, the applicant may request the decision-making body to reconsider its decision. This body will therefore consider if there is any reason to change its decision. Requests for reconsideration are done by sending a letter to the body which has refused the application, i.e. the Embassy, the Consulate or the Migration Board. The applicant will state the reasons that he or she wants to be taken into consideration.
Other countries
For Schengen countries not listed above, please contact us.
