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The T.A.R. of Lazio suspends the refusal of visa.

Appeal against visa refusal in Italy.

The T.A.R. of Lazio suspends the refusal of visa.

 

 

 

 

 

 

 

 

With the order no. 40/2016 issued on January 8, 2016, the Administrative Regional Court of Lazio (the competent court on visa denial appeals in Italy) has accepted the request to suspend the refusals submitted by a Pakistani family against the visa denials issued by the Consulate General of Italy in New York. 

The case concerned a family of Pakistani citizens residing in the United States of America, who asked for a visa to the Consulate General of Italy in New York, but their applications were refused because according to the Italian consulate it was not possible to ascertain the country of residence of the applicants. In fact, according to the Italian visa officer, the applicants reside in Dubai, United Arab Emirates, where one of them works, so they had to apply for a visa at the Italian Consulate in Dubai.

Against the decision, the applicants, represented by the Italian attorney Luca Santaniello, submitted an appeal to the TAR of Lazio, asking for the annulment of the refusals and the adoption of precautionary measures.

The appeal was based mainly on Article 6 of the Visa Code, according to which the request of visa is examined by the consulate of the competent Member State in whose jurisdiction the applicant legally resides. The appellants demonstrated to reside in the United States (where they hold a greencard, a permanent residence permit) and their residence in Dubai was only temporary. So, the Consulate General of Italy in New York was competent for their application. 

With the order n. 40/2016, the TAR of Lazio accepted the request to suspend the denials and ordered the Consulate General of Italy in New York to review the applications of the applicants. By the same order, the Ministry of Foreign Affairs has been sentenced to pay the legal costs of the applicants.

If you need some legal assistance, don't hesitate to contact us, Santaniello & Partners (click here). 

Please, see also:

How to appeal visa refusal in Italy

How to win a visa denial appeal in Italy

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

Lawyers in Italy for the appeal against Visa refusal

Appeal against business visa refusal

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

Appeal against the denial of visa for elective residence issued by the Consulate General of Italy in New York

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 20 January 2016

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