General information about the reasons of the refusal
The Visa to enter in Italy is issued by the competent Italian Embassies or Consulates on the basis of the applicant’s residence address. The Italian diplomatic authorities must verify the necessary requirements to obtain a Visa (i.e. possession of the means of subsistence, the purpose of the trip, the availability of an accommodation in Italy).
The refusal of the Visa is justified in the following cases:
- Submission of a false, counterfeited or altered travel document;
- Failure to justify the purpose and conditions of the intended stay;
- Failure to provide sufficient means of subsistence, either for the expected duration of stay or for return to the country of origin or residence or for transit to a third country in which the admission of the Visa applicant is guaranteed, or if the applicant is unable to legally obtain said means;
- Stay already taken by the applicant for 90 days during the current 180-day period, on the territory of the Member States by virtue of a uniform Visa or a Visa with limited territorial validity;
- A Report in the SIS (Schengen Information System) for the purpose of non-admission;
- The applicant is considered to be a threat to public policy, internal security or public health, or to the international relations of one of the Member States and, in particular, is reported in the national databases of the Member States for the purpose of non-admission for the same reasons;
- The applicant fails to demonstrate adequate and valid travel medical insurance, or, in case there are reasonable doubts on the authenticity of the supporting documents submitted by the applicant or on the accuracy of their content, on the fact that the declarations made by the applicant are reliable or on his / her intention to leave the territory of the Member States before the required Visa expires.
How can I appeal against the refusal of my entry Visa for Italy and which is the competent Court?
You can appeal on the behalf of the Regional Administrative Court of Lazio (TAR), within 60 days from the date of notification of the refusal issued by the Italian diplomatic or consular authority, with the mandatory assistance of a lawyer. With this appeal you can request both a precautionary measure to suspend the detrimental effects of said refusal, and the ruling on the annulment and / or invalidity of the illegitimate denial of the Visa (for example, for an illogical motivation or for its lack). The decision to accept your administrative appeal may cancel the decision to deny the Visa and arrange for it to be issued.
The Regional TAR of Lazio is competent in the following cases of appeal against refusal of the entrance in Italy or expulsion:
- reject of entry Visa application, except for Visa for family reunification;
- expulsion ordered by the Home Affairs Ministry;
- removal of the citizen from the European Union and its family members ordered by the Home Affairs Ministry.
On the other hand, the ORDINARY TRIBUNAL IN MONOCHRATIC COMPOSITION of the place where the third-country national resides will be competent in the following cases of provisions concerning the right to family unity:
- Refusal of the Nulla Osta for family reunification;
- Refusal of the Visa for family reasons.