The Appeal Against the Refusal of an Entry Visa

One of the requirements for entering our country is the granting of an Entry Visa, which is issued by the Italian diplomatic representations in the countries of origin of citizens who request it.

Reasons for refusal of an Entry Visa

Article 32 of the Community Code on Visas sets out the cases in which a visa may be refused, in this case when the applicant:

– Provides a false or forged travel document.

– Does not present a valid reason concerning the motivation for the journey.

– Does not demonstrate sufficient means of subsistence.

– Has already stayed for ninety days within a period of one hundred and eighty days on the territory of the Member States under a uniform visa.

– He is reported in the SIS (Schengen Information System) as a potentially dangerous person.

– He is a threat to public health, internal security, or public order of the State.

– Does not have valid travel insurance, required by law, for medical emergencies.

Refusal of a tourist visa

One of the most common reasons for entry to Italy is tourism.

The refusal to grant a visa for reasons of tourism may occur when the documents presented by the foreign national do not indicate the purpose of the trip, the availability of means of subsistence (for proof of means of subsistence, the obligatory presence of a bank guarantee may also be required), the accommodation requirement, or when the diplomatic representation considers that there is a “migratory risk”, i.e. the possibility that the foreign national will extend his stay in Italy beyond the expiry of the visa.

In the case of a refusal of a visa for tourism, it is possible to lodge an appeal with the Lazio Regional Administrative Court – within sixty days of notification – with the representation of a lawyer specializing in immigration law, through the issue of a special power of attorney, which must be translated and legalized by a notary public. It will be the lawyer’s prerogative to prove, above all, that there is no ‘migration risk’, pushing especially on the conditions of his client in the country of origin that push him to return, such as work or family interests or ownership of real estate.