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

The TAR of Lazio cancels the refusal of student visa issued by the Italian consulate against a U.S. citizen.

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

 

 

 

 

 

 

 

 

The Italian court called T.A.R. of Lazio (Tribunale Amministrativo Regionale del Lazio), accepted the appeal filed by a US citizen against the visa denial issued by the Consulate General of Italy in New York. 

The American student applied for a visa to the Italian consulate in order to attend the second year of study at a Florence's art academy. The applicant had previously obtained a similar visa, thanks to which she could attend the first year of studies. 

However, the new visa application was rejected by the Italian consulate, because according to the visa officer, the passoport of the applicant didn't have any stamp of entry and exit from Italy or another Schengen country, during the period of the first visa. Therefore, the Consulate refused the second visa, defining the case as a case of "visa shopping".

The American student, represented by the Italian attorney Mr. Luca Santaniello, contested the decision and appealed the refusal before the TAR of Lazio (the competent court for the appeals against the visa refusals). During the trial, the applicant provided many proofs of her stay in Italy during the first visa (such as rental contract, receipts of payment, flight tickets and more). In addition, pursuant to Italian Presidential Decree n. 394/1999, the Border Police (not the traveler) is obligated to affix on the passport the stamps of entry and exit. So, if the Border Police misses to put the stamps on the passport, the traveller has no fault.

For all these reasons, the Regional Administrative Court of Lazio accepted the applicant's appeal and annulled the decision of refusal.

If you need some legal assistance, don't hesitate to contact Santaniello & Partners (click here). We are Italian lawyers with strong and positive expertise in visa refusal appeals. 

Please, see also:

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 business visa refusal

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

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

List of countries whose citizens are subject to the visa obligation to enter in Italy

Right of access to the Schengen Information System in Italy

Published on 12 January 2016

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