Schengen visa for France: How to appeal against visa refusal

[reha]

Hiya, I'm a research student from Pakistan studying in UK and going to attend a conference in France next month. I applied for the Schengen visa but got refused for some reason not very clear. However, I was being told to write an appeal to Commision of Appeal at the following address: BP 83.609, 44036 Nantes CEDEX1, France.

Now the problem was how to send that appeal. I called TLScontact and they told me to fax my appeal on this fax number 00.33.2.51.77 36 23. But the fax number was not recieving any fax. So I sent my appeal via post. Now the problem is I'm not sure whether my appeal has been received by the other end or not. It was a recorded delivery but due to my unversity's mail system I'm not able to track it as I do not have trackig number. Are we suppose to receive any confirmation of the receipt of appeal? Is there any way, I can figure it out? Please help me as I'm left with very short time now.
Thanks in advance.

[acme4242]

By Law they must complete a form (see Visa code Annex VI ) which details
the reasons for rejection and procedure for appeal.

Schengen Visa Code
http://eur-lex.europa.eu/LexUriServ/Lex ... 058:EN:PDF

Article 32
Refusal of a visa

2. A decision on refusal and the reasons on which it is based
shall be notified to the applicant by means of the standard form
set out in Annex VI.

STANDARD FORM FOR NOTIFYING AND MOTIVATING REFUSAL,
ANNULMENT OR REVOCATION OF A VISA
http://www.mfa.gr/softlib/Annex_25%20%2 ... efusal.pdf

Remarks:
Comments: The person concerned may appeal against the decision to refuse/annul/revoke a
visa as provided for in national law. The person concerned must receive a copy of this
document. Each Member State must indicate the references to the national law and the
procedure relating to the right of appeal, including the competent authority with which an
appeal may be lodged, as well as the time-limit for lodging such an appeal.
Date and stamp of embassy/consulate-general/consulate/of the authorities responsible for
checks on persons/of other competent authorities

[86ti]

I very much doubt that you would get a response within a short time frame. Appeals are treated according to national law.

[reha]

Thank you both of you for replying me. Yes, I got a similar form where the condition number 6 was checked ("one or more Member State(s) consider you to be a threat to public policy, internal security, public health as defined in Article 2(19) of Regulation (EC) No 562/2006 (Schengen Borders Code) or the international relations of one or more of the Member States)". However, I could not understand what exactly this meant. My trip was fully funded by my uni as I was going to attend a conference where I was supposed to present my own paper. None of my documents was missing. I confirmed from my other Pakistani friends who got schengen visa for holidays around the same time when I applied for mine. I'm doing my PhD on two scholarships one given by govt of Pakistan and the other by my university in UK based on my good academic record.

Now I have prepared my appeal but the problem is how to send it because the given fax number is not receiving any fax. Is it right to send my appeal document as a recorded delivery?

Do you guys have any guess that normally how long the processing of an appeal by the French embassy takes? I'm left with very short time now only four weeks. Would it be okay and wise to apply for the schengen visa again at the same time when my appeal is in process? I have the visa refusal stamp on my passport.

[reha]

I just realised while sorting out my documents that the TLSContact lady, who took my application, actually gave the stamped copy of the first page of my passport back to me. It means she sent the copy which was without stamp to the French embassy and put the stamped copy by mistake in my documents. Could it be the possible reason for denial?

[acme4242]

Sorry, the only sort of details I know about refusals and appeals is what I
have read in the Schengen instruction to member states related to EU
citizens family.
Sorry, I don't know what rights a non-EU non-EU family member has.

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

As family members of EU citizens can be refused on the
basis of public policy, but there are suppose to be safeguards
against abuse by member states.

Member States retain the freedom to determine the requirements
of public policy and public security in accordance with their needs,
which can vary from one Member State to another and from one
period to another. However, when they do so in the context of the
application of the Directive, they must interpret those requirements
strictly

It is crucial that Member States define clearly the protected interests of
society, and make a clear distinction between public policy and public
security. The latter cannot be extended to measures that should be
covered by the former.

Public security is generally interpreted to cover both internal and external
security along the lines of preserving the integrity of the territory of a
Member State and its institutions.

Public policy is generally interpreted along the lines of preventing disturbance of social order.

The person concerned must always be notified of any measure
taken on grounds of public policy or public security, as required
by Article 30. Decisions must be fully reasoned and list all the specific
factual and legal grounds on which they are taken so that the person
concerned may take effective steps to ensure his or her defence
and national courts may review the case in accordance with the
right to an effective remedy, which is a general principle of Community
law reflected in Article 47 of the EU Charter. In this respect, forms may be
used to notify the decisions but must always allow for a full justification of
the grounds on which the decision was taken (just indicating one or
more of several options by ticking a box is not acceptable).

[reha]

According the text ("In this respect, forms may be used to notify the decisions but must always allow for a full justification of the grounds on which the decision was taken (just indicating one or more of several options by ticking a box is not acceptable). ") given in this quote, French embassy was supposed to give me the detailed reason, right? Only ticking this condition ("one or more Member State(s) consider you to be a threat to public policy, internal security, public health as defined in Article 2(19) of Regulation (EC) No 562/2006 (Schengen Borders Code) or the international relations of one or more of the Member States") does not help me anyway to figure out the exact reason. An especially in a situation where some people with the same nationality got their visas at the same time when I was being refused.

However, I have also sent that TLScontact stamped copy of my passport with my appeal, in case if that was the issue.

[hadisx]

Hey reha..

this is hadi from pak and received my letter of refusal from french embassy yesterday. going to appeal against the decision. The refusal was based upon the reason that (" The information communicated in order to justify the proposed stay in not reliable").

That's real funny. I don't know what else could i have produced to them. I had the letter of admission sealed from the institution, the certificate of lodgement, air ticket reservation and etc. I dont know what else they needed.

Could you tell what happened to your application?.. Did you receive any decision regarding it?....Please do let me know.... am really down at the moment.....

Thanks in advance,

Hadi

[reha]

Hi Hadi,

I got feedback after my conference which I was going to attend and that feedback was just the confirmation that they had received my application and the decision would take two more months. And after that nothing else. Now I dont' care about their decision coz the reason for which I applied schengen visa no more exists.

By the way, I sent my appeal to the given postal address as the given fax# did not work. I tried that fax# whole day but useless.

Good luck.

[madeel]

Dear Reha,
Appreciate if you can update what happened about your appeal? What was the reason and decision?

[ohara]

This thread is 4.5 years old

[Mahin Shahpari]

I xxxxxxx, married with two children named xxxxx, passport no. xxxxx and xxxxxx, passport no.xxxxxx applied for visa and received a reply rejecting us on 25 July stating your return from Schengen countries in the visa period is not clear (section 9).As said in the documents and in the interview I have travelled to European countries before. I am an employee of xxxxxxxxxx for the last 22 years. My children are both students of high IQ exceptional schools. My husband is the Manager of a sugar factory for many years. We thought this trip would help us relax a bit as it did in our last trip. Unfortunately my husband has to be in Australia on a business trip and can't accompany us.
Please review our applications (file no’s:xxxxxxx. If there’s any need for more documents please inform me.

[together_2017]

This is not immigration official's website :/
Remove ur details asap :/ this is a public forum!

[FATEMEH]

Hi sir/madam

My application number is xxxxxxxxxx

I separated from my ex-husband and I need some happiness and fun for refreshing so my friends and me decide to see each other in new year in paris, then I applied for Schengen visa from France embassy of Tehran but unfortunately I was rejected. I checked my rejection letter and try to know the reasons of your design. I think its necessary to explain my situation I’m employee with good salary and big private house in Tehran. with these facts, i surly come back to my country after seeing my friends. kindly I aske you recheck my rejections and inform me if it is necessary.

Best Regard
FATEMEH

[CR001]

Hi sir/madam

My application number is xxxxxxxxxx

I separated from my ex-husband and I need some happiness and fun for refreshing so my friends and me decide to see each other in new year in paris, then I applied for Schengen visa from France embassy of Tehran but unfortunately I was rejected. I checked my rejection letter and try to know the reasons of your design. I think its necessary to explain my situation I’m employee with good salary and big private house in Tehran. with these facts, i surly come back to my country after seeing my friends. kindly I aske you recheck my rejections and inform me if it is necessary.

Best Regard
FATEMEH

This is an immigration forum not the embassy or EU help centre.

[Moniruzzaman]

To
Visa Consular
France Embassy
Madani Avenue, Baridhara Diplomatic Enclave,
Dhaka, Bangladesh.

Subject: Appeal against denial of Schengen visa application.

Visa application (case) number: 2018-xxxxxxxxx
Date of visa application submission: 08/02/2018
Date of visa denial: 12/02/82018.

Dear Sir/Madam,
With this letter I would hereby like to appeal against the decision made regarding my Schengen visa application.

As your refusal latter you mention that: The information submitted regarding the justification for the purpose and condition of the intended stay was not reliable.

I will not living your nice country after my visit. My status and Social status I can’t stay any Country illegally and I am very interested to living my Country. I am rich man in my country.

The situation has since been corrected my travel purpose now match those required by your policies. As for my possible refusal to return, I hasten to inform you that it would be extremely unprofitable for me. I am Industrialist in my country. I am sending you a notarized copy of my documents of property ownership, as well as a copy of my current bank account statement, showing sufficient funds.

Travel plane dated on 04/04/2018 to 10/04/2018:

1) Eiffel Tower, 2) Louvre Museum, 3) Champs Elysees/Arc of Triumph,
4) Cruise on the Seine & 5) Montmartre. I'll see your beautiful places for just 7 days.

My Industry Name & Designation:
1. XXXXXXXXX. (Proprietor).

My visited country list:
1) Korea 2) Singapore 3) Brunei Tourist Alone 4) Saudi Arabia (Omrah Hajj) with my mother.
5) China 6) India 7) Srilanka Tourist Alone Taiwan (Rotary Program)
9) Thailand 10) Malaysia 11) Maldives. Tourist Alone

My Bank Statement & FDR:
* I have 14,29,923.00 Taka, Bank Statement from XXXX Bank.
* I have 20,00,000.00 Taka, FDR from XXXXXX Bank Ltd.

My total assets valuation: 8,40,00,000.00 BDT (8,15,296.52 EURO)
I attaching my all assets documents with my factory & showroom for your kind consideration.

My Club Name:
XXXXXXXXX Dhaka. (I am an honorable member of this club).

Based on this information, I would like to ask you to reconsider your previous decision to cancel my visa application. Should you require any additional information or documentation, I will gladly provide you with it. Please, do not hesitate to contact me via the contacts provided at the top of this letter.

Sincerely yours


Mohammad XXXXXXXXXXXXXXXXXXX
Proprietor
XXYYXXYYXXY.

[CR001]

To
Visa Consular
France Embassy
Madani Avenue, Baridhara Diplomatic Enclave,
Dhaka, Bangladesh.

Subject: Appeal against denial of Schengen visa application.

Visa application (case) number: 2018-xxxxxxxxx
Date of visa application submission: 08/02/2018
Date of visa denial: 12/02/82018.

Is there a question you are asking???

This is not Solvit or an EU Embassy for visa processing. This website is an immigration forum for members to ask advice.

[KaushikMitra]

Hello Sir,please help to appeal to the commission against refusal of Schengen visa to France applied on 3rd of July refused on 5th of July from India application no xxxxxxxx to 04 for four members of my family, tel xxxxxxxx,email xxxxxxxx

PLEASE don't post personal contact details or official reference numbers on the open forum. You are making these available to the spammers and scammers who frequently trawl this forum for such information.

Will members please understand that this an immigration (discussion) forum and NOT a legal service OR a Home Office complaint office