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Appeal against business visa refusal in Italy

The TAR of Lazio upheld the appeals filed against the Italian Embassy.

Appeal against business visa refusal in Italy

 

 

 

 

 

 

 

 

The Regional Administrative Court of Lazio annulled the denials of business, issued by the Italian Embassy in Baghdad against three Iraqi businessmen. 

Iraqi citizens requested a business visa to the Italian Embassy in Baghdad, in order to travel to Portugal to conclude an important negotiation with a Portuguese company. Visa applications had been properly presented to the Italian Embassy, ​​as Portugal (which has no diplomatic or consular mission in Iraq) has authorized Italy to deal with visa applications. 

However, visa applications were rejected, all for the following reason "the information provided to justify the purpose and conditions of stay are not reliable". 

Iraqi citizens, assisted and represented by the Italian lawyer Luca Santaniello, contested the refusals, presenting an appeal to the TAR of Lazio, the competent court in matters of business visa refusal. The main grounds of appeal were the lack of investigation, the lack of motivation and a misuse of powers. Moreover, the defense of the appellants also challenged the procedure by which the denials were issued. In fact, the Italian embassy should have informed the Portuguese authorities before issuing the denial, because under the EU Visa Code, when the consulate of the representing Member State intends to refuse a visa, forwards the application to the competent authority of the member State represented in order they can take the final decision on the visa application. 

The Regional Administrative Court of Lazio, with three different judgments (4920/2016, 5066/2016 and 5078/2016), upheld all three appeals, canceling the denials and condemning the Ministry of Foreign Affairs to pay the legal costs in favor of the applicants.

If you need our help to appeal the refusal of visa, don't hesitate to contact us (click here).

Please, see also:

Elective Residence Visa in Italy

Appeal against elective residence visa refusal in Italy

How to appeal visa refusal in Italy

How to win a visa denial appeal in Italy

Lawyers in Italy for the appeal against Visa refusal

Appeal against the refusal of visa for family members of EU citizens in Italy

Appeal against visa denial of the Consulate General of Italy in New York

Italian lawyers for foreign nationals against Italian Embassy and Consulate

The T.A.R. of Lazio on Visa denials issued by Embassies and Consulates of Italy

Appeal against unfair Schengen Visa denials in Italy

The assistance of an Italian lawyer is required by law. The foreigner can't appeal by himself

Right of access to the Schengen Information System in Italy

Published on 09 May 2016

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