External service providers: TLSContact in North Africa unlawfully deletes appointments

The Christmas season and New Year's are traditionally times when families want to get together. For many people from North Africa who want to visit relatives in Germany or have business in the country, this process begins with booking an appointment for a Schengen visa . However, what our clients are increasingly reporting is shaking confidence in the fairness of the visa process: An external service provider of the Federal Foreign Office called TLScontact is apparently systematically deleting registrations from the waiting list before an appointment for a Schengen visa in North Africa can even be granted or attended. This practice is a serious and blatant violation of the principle of efficient and fair administrative procedure.

As lawyers at VISAGUARD, we represent our clients' interests vis-à-vis government agencies and their agents. In the current situation, we feel compelled to assume the role of critical opposition to the Federal Foreign Office and its affiliated diplomatic missions. Because one thing must be clear: when a private service provider like TLScontact acts on behalf of the Federal Republic of Germany, it is subject to the same legal constraints as the agency itself .

Legal basis and the duties of the Federal Foreign Office

Outsourcing the processing of visa applications to external service providers does not absolve the German state of its responsibility . According to the principles of administrative law, TLScontact acts as an administrative assistant . This means that the same strict standards apply to the actions of this service provider as to the embassies or consulates themselves. A key aspect here is Section 24, Paragraph 3 of the Administrative Procedure Act (VwVfG) . This states unequivocally that the authority may not refuse to accept declarations that fall within its jurisdiction. The arbitrary deletion of a previously registered appointment request for a Schengen visa in North Africa is tantamount to a refusal to accept the visa application. This constitutes a deliberate obstruction of the applicant's right to apply.

Lawsuit regarding appointment cancellation

Our experience in current practice paints a bleak picture. Clients consistently report that their entries on waiting lists disappear without any comprehensible reason . Since communication with the service provider often proves fruitless, we as lawyers are frequently left with no option but to pursue legal action . To protect our clients' interests, we usually choose a two-step approach in these cases: First, we submit a formal written application directly to the relevant German mission abroad ( written visa application ). If this is ignored, we pursue legal action . Depending on the urgency – which is often present, especially during the Christmas season – this is done by filing an action for failure to act or by applying for a preliminary injunction at the competent administrative court. It is an untenable situation that citizens and professionals seeking legal recourse are forced to resort to litigation simply to facilitate a straightforward application process. This not only burdens those affected financially and in terms of time, but also puts a strain on the German justice system.

Conclusion: Appointment deletion TLScontact North Africa

It remains entirely unclear to what extent the Federal Foreign Office is aware of the extent of these abuses in North Africa and what oversight measures are being taken. The Federal Foreign Office urgently needs to rectify this situation and ensure that access to German diplomatic missions abroad is not blocked by the arbitrary technical actions of private companies. Migration law must not end at the digital gateway of a service provider. The current practice of scheduling appointments for Schengen visas in North Africa via TLScontact is highly questionable from a rule-of-law perspective. Deleting appointments and waiting list positions constitutes an inadmissible infringement of the right to apply. We at VISAGUARD are observing this development with great concern and are strongly committed to ensuring that the legal standards of the Administrative Procedure Act (VwVfG) are upheld in the digital realm and with regard to external service providers.

Should you or your family members be affected by such deletions, our lawyers are available for a legal review and consultation. Further information on our areas of expertise in immigration law can be found at www.visaguard.berlin .