I am trying to appeal a visa refusal from the Holland Embassy in Accra, Ghana, however, I have not had a response in the past 90 days.

Do i have to send a reminder or what?

  • 1
    The title says short stay in Austria, but the question mentions Holland Embassy. Which country do you actually intend to obtain a visa? – gmauch Jun 9 '15 at 12:41
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    Important: did you represent your own appeal or use a 3rd party agent? – Gayot Fow Jun 9 '15 at 13:47
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    From the Dutch Embassy in Accra: Residents of Ghana travelling to Portugal, Poland, Luxembourg, Austria, France, Hungary or Lithuania, can also apply with the Embassy of the Kingdom of the Netherlands in Accra, Ghana. – mkennedy Jun 9 '15 at 18:38
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    I'd ask your lawyer first for a confirmation number or some other tracking information before doing anything else. – Karlson Jun 29 '15 at 14:27
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    What has happened here? Would you still like an answer to this question? – Gayot Fow Aug 7 '15 at 20:43

I don't have any specific info on Austria and/or embassies in Ghana but generally speaking a formal appeal has to be lodged with some central court or sometimes a specific body within the relevant's country foreign ministry and not directly with the embassy. The refusal notice should contain information about the procedure for the country you applied to.

A successful appeal will also requires some familiarity with the local language and legal system so you are unlikely to mount one without professional advice. It can in any case take a long time, up to one or two years so it rarely makes sense for an issue that can easily be remedied through a fresh application. See also Schengen Visa Refusal: Does it make sense to appeal?

Furthermore, when Schengen countries have representation agreements (e.g. you apply at the Dutch embassy for a trip to Austria), the representing country can sometimes grant visas alone but refusal decisions should always be made in consultation with the destination country. In your case, it means that the Austrian foreign service probably had the final say on your application and I suspect you therefore somehow need to lodge an appeal with an Austrian court, not to the Dutch embassy (but see the comments on why it's difficult to find out exactly whether an appeal is possible).

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    According to ris.bka.gv.at/… (in German) was Austria responsible for the appeal, even if the Austrian embassy acted on behalf of another country. So it seems the appeal has to be made in the Netherlands not in Austria. – TheEspinosa Sep 16 '15 at 14:57
  • @TheEspinosa Indeed it seems to be the case and the decision explicitly refers to the visa code: Vorab ist festzuhalten, dass sich die Zuständigkeit der belangten Behörde zur (auch ablehnenden) Entscheidung über den Visumantrag aus Art. 8 Abs. 1 und Abs. 4 lit.d Visakodex […] ergibt. Die Zuständigkeit des Verwaltungsgerichtshofes zur Entscheidung über die dagegen erhobene Beschwerde folgt aus Art. 32 Abs. 3 Visakodex […] But I am still somewhat surprised by this reading of the visa code. – Relaxed Sep 16 '15 at 15:06

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