Process and prospect of Schenghen Visa appeal from Bangladesh

Schengen Countries

EU Schengen countries include:

Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia, Sweden,

Non-EU Schengen countries include:

Iceland, Liechtenstein, Norway, Switzerland

What is Schengen Visa?

Issued for purposes such as tourism, sporting events, cultural events, and visits with relatives, this visa allows individuals to visit one or more Schengen countries for up to 90 days in any 6-month period. A visa for single entry, double entry, or multiple entries can also be obtained.

With a Schengen visa, you may enter one country and travel freely throughout the Schengen zone. Internal border controls have disappeared; there are no or few stops and checks. This means that internal air, road and train travel are handled as domestic trips, similar to travel from one US state to another. The Schengen agreement does not apply to countries dependencies such as French territories; individual should check their requirements.

What Is an Appeal Letter for Schengen Visa Refusal?

An Appeal Letter for Schengen Visa rejection is written by the visa applicant/lawyer to dispute a visa rejection. The letter shall be written on valid grounds, which point out why the rejection is incorrect. Basis of fact or law must be identified, and in some cases, the appealer is permitted to submit additional evidence in order to prove the incorrectness of the refusal.

It is prudent to appoint a lawyer to write a Schengen Visa Appeal Application.

Each embassy has their appointed time within which the rejected applicant can submit the appeal letter. If applicant’s visa application has been turned down, s/he is highly recommended to write and hand in the appeal letter, if the person planning so.

Appeal for Schengen Visa Refusal from Bangladesh

Writing an appeal letter is not an easy task. Even if the person bases it in very strong grounds, s/he still needs to know how to structure it, to whom to direct it, and what else to write and not suggested to write a 2-page long letter. Take into account that the embassy receives other appeal letters, and those who have to deal with them, do not have the time or the energy to read about bragging why they were unfair.

At the same time, a one-paragraph letter is not enough. Writing that they were wrong when rejecting you visa, is not an appeal. As soon as you do not give any reasons why you believe the denial of your application should be reversed, your appeal letter will not be considered valid.

The deadline for handing in an appeal is within three weeks from the date that you received the decision.  The Embassy will, if not reconsidering the decision that was made, send your appeal to the Swedish Migration Court in Gothenburg for their second opinion i.e. possible reconsideration. This is normal procedure when Sweden is representing another Schengen country in Schengen visa matters. It is thus a Swedish court that will look at the appeal. The court may also decide to refuse the appeal. Please be informed that this process may take a few weeks and that the Embassy of Sweden cannot speed up the process. The Migration Court will contact you when they have reached a decision on your appeal.

The appeal must state:

  • Appellant’s personal detail
  • The date when application was rejected
  • The reason why behind visa refusal
  • Which decision the appellant wish to appeal
  • Why the appellant believe the rejection was incorrect
  • Any circumstance or evidence/proof that the appellant wishes to add to the case
  • Supporting documents
  • Appellant’s signature

If someone else signs the appeal on your behalf, that person must be authorized to represent the appellant (power of attorney). The power of attorney document must be signed by you and submitted in the original together with your appeal.

Source of information: www.worldtrips.com , www.swedenabroad.se , www.schengenvisainfo.com ,

Author

Barrister Md. Sanwar Hossain
Advocate
Supreme Court of Bangladesh
sanwar@shossainandassociates.com
Dhaka, Bangladesh
S Hossain and Associates