1. Rejection of Schengen visa application

The rejection of a Schengen visa application is a major setback for many applicants – especially if they have already booked flights or planned family commitments. In this article, we explain when and why a Schengen visa is rejected, what rights you have as an applicant, and what steps you can take against a rejection.

A Schengen visa application can generally be rejected for various reasons . Typical rejection reasons include:

• Doubts about the willingness to return

• Reason for travel not plausibly explained

• incomplete or contradictory documents

• insufficient financial resources

• Security concerns ( negative security clearance )

However, if your application for a Schengen visa has been rejected, this does not mean that the rejection is final . Embassies and consulates abroad generally make numerous errors when rejecting Schengen visa applications, which often result in the visa being granted with legal assistance.

2. When is there a chance of success in the rejection of a Schengen visa?

Many rejections of Schengen visa applications are unlawful – in many cases, there is a good chance of success in challenging the decision of the diplomatic mission. Whether legal action – such as a remonstration or a lawsuit – is likely to be successful depends on various legal and factual factors.

The legality of a Schengen visa rejection is always a case-by-case decision. However, there are certain situations that occur particularly frequently. In the following cases, there is a good chance of success for an appeal against a Schengen visa rejection:

• Formal procedural errors: The German Administrative Procedure Act stipulates strict requirements for visa procedures. In particular, rejections are unlawful if no proper hearing has taken place ( Section 28 of the Administrative Procedure Act ) or the reasons for the rejection are not comprehensible ( Article 32 of the Visa Code ).

• Incorrect exercise of discretion: Schengen visas are granted or refused based on a discretionary decision. This means that the authority must not only examine the legal requirements but also conduct a balancing of interests. It should be noted that a visa may not be refused arbitrarily ( Section 40 of the Administrative Procedure Act ).

• Missing or incorrect assessment of facts: Visa offices are obligated to carefully examine all relevant information and evidence (principle of investigation, Section 24 of the Administrative Procedure Act ). Prospects for success exist if facts have been incorrectly assessed or important evidence or documents have been disregarded.

• Bias or discriminatory decision-making practices: Many visa office staff exhibit biased and discriminatory decision-making practices. Appealing such decisions offers a good chance of success if there is evidence (e.g., in the visa file) that the diplomatic mission did not make a neutral and objective decision.