How to appeal a consul’s decision – application for reconsideration

Refusal of the National Visa application.

In the case of refusal to Visa application, the applicant receives information in writing about the reason for the decision. From the moment of receipt the decision issued by the consul, he / she can appeal a consul’s decision.

The application for reconsideration of the case must be submitted within 14 days from the date of receiving the refusal decision (the fee for submitting the application for reconsideration is: Schengen visa – 60 Euro, national visa – free). Bring only additional documents that in your view may change consul’s decision.

The consul considers the application for reconsideration within 7 days.

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Appeal against appeal a consul’s decision about reversing and invalidating visas

A person whose visa has been reversed or invalidated is entitled to appeal against the decision, except when the visa has been withdrawn at the request of the applicant.

Appeal proceedings are conducted against a Member State which has taken a decision on the cancellation or revocation of a visa, in accordance with the national law of that Member State.

The Schengen and national visa may be reversed or invalidated by a decision:

• consul;
• Chief of the Border Guard Unit; 
• the commanding officer of the Border Guard post

From a decision to cancel or withdraw a Schengen / national visa issued by:

• consul – an application for reconsideration is available (in the same way as in the case of refusal)
• the commanding officer of the Border Guard post – you can appeal to the Chief Commandant of the Border Guard,

The application for reconsidering the case by the consul should be submitted within 14 days from the date of receipt of the decision on annulment or revocation of the visa.

The consul considers the application for reconsideration within 7 days.

The decision on the revocation or cancellation of the Schengen visa is immediately enforceable.

The decision of the revocation or cancellation of a national visa, shall be notificate on the travel document or on a separate form of the visa.

The authority responsible for the processing of data contained in the Visa Information System (VIS) is Centralny Organ Techniczny KSI, Komenda Główna Policji, ul. Puławska 148/150, 02-624 Warszawa.

Each person whose data is processed in the Schengen Information System or a Visa Information System has the right to lodge a complaint to the Inspector General for Protection of Personal Data for the implementation of personal data protection regulations.    

New regulations

In the case of another negative decision, you have the right to lodge a complaint to the Regional Administrative Court in Warsaw, which decides on this topic. Complaints will be submitted via the consul. During the proceeding before the Regional Administrative Court regarding Schengen visas for foreigners, the Minister of Foreign Affairs will take actions as a consul.

The consul will be also a part of the case – he should prepare a description of the facts, indicate the relevant circumstances of the case, and organize the case file and make a preliminary position regarding the complaint. The consul will prepare a complete set of documentation and a description of a brief statement of the facts of the case within 7-10 days and without undue delay provide the file to the Minister of Foreign Affairs.

The Minister submits the complaint filed through the Consul to the Regional Administrative Court together with complete and orderly files of the case and a response to the complaint – within 60 days of its receipt by the Consul.

It was assumed that only after using the right for reconsidering the case by the consul, the party will have right to complain to the Regional Administrative Court. If the party does not submit a request for reconsideration of the case, will not be entitled to submit a complaint to the Voivodship Administrative Court.

The legislation rules will come into force 4 March 2019.

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