Sunday, October 17, 2010

Visa denied, what can I do?

I am an Pakistani citizen legally residing in Italy. My mother wants to visit me and asked for a tourist visa at the Italian Consulate in him but he refused, without giving any reason. What can I do?

The arrival in Italy, even with all legal requirements, not an acquired right of non-EU citizens resident abroad. To enter Italy, in fact, a national extra-UE must request an entry to the Italian Consulate in your country (except in exceptional cases short inputs for citizens of some States for tourism or business shall not require a visa).

Where there are no legal conditions the visa application is rejected by the consulate issuing a refusal in written language understandable to foreigners, or failing that, in English, French, Spanish or Arabic.

If the request for issuing the visa has not been submitted for employment purposes, for medical care or family reunification, a decision refusing, for reasons of public order or security reasons, should not be justified (Article 4 paragraph 2 of Consolidated immigration).

The forecast for certain limited purposes (public policy or security reasons), the possibility of derogating from the general obligation to provide reasons for any refusal adopted by the Public Administration, has led many Italian Consulates abroad, deny visas for tourism without real reasons, but only to avoid the risk that citizens extraUe from states with high emigration rates remain in the Italian territory beyond the duration of the visa. Sometimes, even the decision refusing are not even put in writing, but they are only verbal.

Understanding that the consular office is required by law to issue a written refusal, it is also true that this measure can not be arbitrary but must be supported by valid reasons.

A clarification to this effect has recently arrived from Lazio Regional Administrative Court concerning the refusal of the Chinese Consulate with a request to issue a tourist visa by a Chinese town which had been refused a visa, although he had submitted all the documents required by law. TAR of Lazio, in fact, allowed the appeal stating that only in cases where the visa can be legitimately denied (ie there is a concrete reason for it), the refusal of a visa can not be justified. Shall be without prejudice, in case of appeal, the court's power to check the legality of a refusal, and the Consulate can not escape the obligation to provide explanations.
  • As opposed
Against a refusal to issue an entry visa for tourism use is permitted only to the Administrative Court of Latium within 60 days of notification of the measure.

Only those who submitted the visa application is entitled to make the action and, being resident abroad in Italy will have to choose a lawyer to assist him in presenting the application and in subsequent stages of the proceedings. For this to make a "special power of attorney" indicating an attorney who will represent him in court in Italy.

Such authorization may be requested in person Notarial Office of the Italian Consulate by presenting proof of identity and personal data of the lawyer and the address of the study and reference data of the case (trial court and the type of case).

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