Timeline for Consular Fraud Penalties for the Schengen Area
Current License: CC BY-SA 4.0
4 events
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Dec 1, 2022 at 3:49 | comment | added | Relaxed | Instead, consulates would probably use the catch-all justification “does not provide justification for the purpose and conditions of the intended stay”. It doesn't matter how strong the documents you provided are, they don't have to tell you what they don't like about them and that's not necessarily actionable in court (that part might depend a little on the country). You do not have a right to a visa and there is very little stopping a consulate to refuse it in this situation. They do not have to try hard or find a flaw in your documentation to do that. | |
Dec 1, 2022 at 3:46 | comment | added | Relaxed | @Hilbert That's not how Schengen visas work in reality. You're right that, absent an alert in the SIS, having submitted counterfeit documentation in the pats is not valid grounds to refuse a new application. In fact a national law provision or policy mandating a negative decision in this case would be irrelevant and legally dubious, it still wouldn't be one of the grounds listed in the regulations. | |
Dec 1, 2022 at 0:55 | comment | added | Hilbert | What does an "effective ban" mean in practice? When an application is reviewed and every claim made by the applicant is substantiated and each submitted document is also verified, and after checks and verifications, the application is found to be genuine, unless there is a provision in the national law stating that an application shall be automatically refused if it is found that the applicant had submitted a false application before, I don't see on what grounds can the new application be refused (assuming the visa granting process is governed by regulations). | |
Dec 1, 2022 at 0:25 | history | answered | jcaron | CC BY-SA 4.0 |