Schengen visa refusal on threat to public policy, security, health
I applied for German Schengen visa as a medical escort to my relative in a different country from where I reside, but my visa application was refused and the refusal letter was written in German as the following:
- Ein oder mehrere Mitgliedstaaten sind der Auffassung, dass Sie eine Gefahr für die öffentliche Ordnung, die innere Sicherheit, die öffentliche Gesundheit gemäß Artikel 2 Absatz 19 der Verordnung (EG) Nr 562/2006 (Schengener Grenzkodex) oder die internationalen Beziehungen eines oder mehrerer Mitgliedstaaten darstellen.
I was in Germany for nearly a year with my relative during his treatment; I extended my stay there 3 times; and I returned back home two months ago in order to renew my passport. I applied again using the same documents that I used for my extension in Germany.
First, can anyone tell me what the refusal means? Next, is there any possibility that there is a mistake in the assessment?
Note: In English this reason is...
One or more member state(s) consider you to be a threat to public policy, internal security, public health as defined in Article 2(19) of Regulation (EC) No 562/2006 (Schengen Borders Code) or the international relations of one or more of the member states).
Best Answer
Refusal on these grounds...
One or more member state(s) consider you to be a threat to public policy, internal security, public health as defined in Article 2(19) of Regulation (EC) No 562/2006 (Schengen Borders Code) or the international relations of one or more of the member states).
...means you will require a law practitioner with a specialty in EU law. It is a waste of time to solicit advice from the internet because the answers will fall into one of four categories...
- Get a lawyer
- Do something stupid (forged passport or covert entry)
- Rants from jingos telling you and your kind to stay where you are
- Incoherent drivel from random morons
People who have become listed as threats to the zone's security have backstories that require lengthy discourse with a specialist and there are no other viable alternatives. The same rationale goes for questions about appealing the decision. Attempting an appeal on this reason is perilous and moreover risks having all your stuff entered into the public domain! See a qualified practitioner!
The practitioner is needed even if the time window for an appeal has elapsed. There are data protection laws and freedom of information laws that require local expertise to navigate successfully. "Clearing your name" is not a simple job.
Related answer: Schengen Visa Refusal: Justification for the purpose and conditions of the intended stay was not reliable
NOTE: In order to preempt the natural corollary, let's add that...
- The consulate has already told the Department of Homeland Security in the USA that you are trying to mobilize;
- The consulate has already told the other Schengen members about it;
- The consulate has informed its colonial missions abroad; and
- The consulate has informed the UK that you are attempting to mobilize and the UK has in turn informed the Republic of Ireland and the Commonwealth members to put a stop flag on your passport.
. Update 21 April 2016
Questions from phoog (to whom thanks) about the possibility of this refusal arising from mistaken identity prompted an exchange of email with a specialist. The result being that this reason ("One or more member state(s) consider you to be a threat to public policy...") means they got a biometrics hit or some other conclusively positive match. It's not like the American no-fly list where people with the same names generate confusion. Instead it means that person (and nobody else) is in trouble and it's not going to get fixed in the near term. Hence the above answer still applies. I am taking the advanced law course in Schengen this summer and may add another update to this answer after that.
Also note that if they cannot get a positive, verifiable match they will not use this reason; instead they will use Schengen Visa Refusal: Justification for the purpose and conditions of the intended stay was not reliable
Related article on requesting your transcript from the Schengen Information System: How can I find out if someone is in the Schengen Information System (SIS)? Note: even if you find erroneous information in your transcript, you'll still need a skillful practitioner to get it officially removed and restored to its original state.
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What are the reasons for rejection of Schengen visa?
Your Schengen visa will be denied if the authorities believe you cannot afford your travel and living expenses in the Schengen area. In order for you visa application to be successful, you must successfully demonstrate that you can afford food, housing, travel, and all other costs associated with their trip.What happens if my Schengen visa refused?
If your Schengen Visa is refused, you will receive a form that indicates the time you have to appeal the decision. If you do not appeal within this time frame the decision won't be reversed.What are the chances of getting Schengen visa after rejection?
IS IT POSSIBLE TO APPLY FOR A VISA AFTER REFUSAL? In 90% of cases, a Schengen visa can be opened almost immediately after refusal, if all the requirements of the consulate are met.On what grounds can a visa be denied?
An applicant's current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa. If denied a visa, in most cases the applicant is notified of the section of law which applies.HOW TO AVOID SCHENGEN VISA REFUSAL: TIPS AND RECOMMENDATIONS
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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