I am an Afghan citizen married to a Polish woman. We lived together for almost 6 months in Afghanistan. She is now living in Norway and has been for almost 5 years. She works as a nurse and has enough income.

I applied via the Norwegian Consulate in Islamabad, Pakistan, for a Schengen visit visa as an EU family member. My wife and I included all the documents on the check list, sending the application via FedEx. After 30 days, my documents were returned with a notice of refusal.

The refusal was based on "One or more (Schengen) member states consider you to be a threat to public policy, internal security, public health or the international relations of one or more of the member states."

I don't understand why I was rejected. I am a local reporter and also am self employed in my hometown. I am Hazara ethnicity living in Afghanistan and Hazara are not affiliated with ISIS or other extremist groups.

We were given the right to appeal, which I did, sending an appeal letter but don't know whether it will be accepted.

Can this refusal be removed from my record, and is there a way to be granted a visa?

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    As I understand it, an appeal will only be accepted if they made an actual mistake in processing your application. A judgement call that you disagree with isn't a mistake. Commented Dec 6, 2016 at 19:47
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    @DavidRicherby this case is governed by directive 2004/38/EC, because it concerns the restriction of freedom of movement of a family member of an EU citizen. In such cases, the decision may be appealed. (Furthermore, if it is a case of mistaken identity, then it is arguably a processing error rather than a difference of opinion about a judgment.)
    – phoog
    Commented Dec 6, 2016 at 21:30
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    Possible duplicate of Schengen visa refusal on threat to public policy, security, health (Germany) Commented Dec 6, 2016 at 22:43
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    @MichaelHampton while that question is certainly related, this application concerns the freedom of movement directive, so the rights of appeal are substantially greater. I would not close it as a duplicate, therefore.
    – phoog
    Commented Dec 6, 2016 at 22:51
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    @phoog Yet the answer is essentially the same: "Get a lawyer!" Commented Dec 7, 2016 at 8:57

1 Answer 1


You may be aware that your case should be governed by directive 2004/38/EC concerning the right of freedom of movement of EU citizens and their family members.

Chapter VI of the directive says this:


Article 27

General principles

1.  Subject to the provisions of this Chapter, Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health. These grounds shall not be invoked to serve economic ends.

2.  Measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for taking such measures.

The personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted.

I am skipping paragraphs 3 and 4, as well as articles 28 and 29, as they are not particularly relevant to your situation.

Article 30

Notification of decisions

1.  The persons concerned shall be notified in writing of any decision taken under Article 27(1), in such a way that they are able to comprehend its content and the implications for them.

2.  The persons concerned shall be informed, precisely and in full, of the public policy, public security or public health grounds on which the decision taken in their case is based, unless this is contrary to the interests of State security.

3.  The notification shall specify the court or administrative authority with which the person concerned may lodge an appeal, the time limit for the appeal and, where applicable, [...].

(The last bit of paragraph 3 is not applicable in your case.)

You write that you do not understand why you were rejected. You therefore don't seem to have received a "precise and full" account of the grounds for your application's refusal. This raises a question:

Did you apply for your visa under the freedom-of-movement rules as a family member of an EU citizen?

Such applications are free of charge, so if you paid an application fee, your application may have been considered as a normal Schengen application, which might explain the uninformative refusal you received. If this is the case, you may want to reapply under the directive so you can get more information about the reasons for your refusal. You may also be able to invoke the directive in your appeal even if you did not make it clear in your initial application that it applies to you.

You should almost certainly consult with a lawyer to decide what your next steps should be. A lawyer will know the most effective route for getting the information that you should have received about the grounds of refusal, and about the most effective strategy, considering the grounds cited, to get you a visa by way of an appeal or a new application.

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    (+1) "One or more (Schengen) member states consider you to be a threat to public policy […]" is indeed one of the standard refusal reasons listed in the Schengen visa code.
    – Relaxed
    Commented Dec 6, 2016 at 22:01
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    @naslejavanjaghori then you should probably begin by focusing on article 30, paragraph 2. They at least ought to inform you that they won't be telling you because of "the interests of state security."j
    – phoog
    Commented Dec 6, 2016 at 22:52
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    Even if everything you write here is technically correct, consular practice often deviates. It is not uncommon that neither the objecting member state, nor the specific reason for the member state to veto the visa issuance is revealed when the applicant is considered 'a threat to public policy'. It is also not a rare issue that the cause is simply a mistaken identity. Solving such issues can be a very tedious process, often requiring proceeding against the national authorities directly with means covered by national law or regulations. Commented Dec 7, 2016 at 0:16
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    @DavidRicherby That is already disputed in the comments to the answer you are linking to and I am afraid that it is not true. At least here in Germany, there have been several cases, where a mistaken identity (based on name, date and place of birth) has caused a visa rejection. I am not 100% sure, but I believe that each member state has its own procedure on exactly how to match visa applications against archived national records, which very well may not contain biometric data at all. Commented Dec 7, 2016 at 10:14
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    Is it at all possible that they are questioning that sincerity of the marriage? Living together for less than 6 mo then living apart for 5 years is conceivable but perhaps unusual. I have no idea how this works and whether the reason would be stated. It is just an idea, and I would also like to know how these situations are typically handled by the authorities.
    – Szabolcs
    Commented Dec 7, 2016 at 11:46

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