Filing a lawsuit with the Verwaltungsgericht for unjust denial of a Schengen Visa

29 posts in this topic

Hey guys,

 

I am looking to file a lawsuit and need some help regarding the process.

 

Backstory:

The fiancee and I are finally tying the knot. We invited her sister (Nationality of another south east Asian country lives in Taiwan) to come be with us on the day. I went to my local Behörde and applied for the Verpflichtungserklärung. I sent it by post. Due to delays by taiwanese postal service, it gets there very late. Sister books an appointment and applies for visa. Asked to come back with additional paperwork within certain date. She goes back before deadline with required document. They take her passport and say visa will be issued in 8-10 days. Week later, visa is rejected. Reasons given are these. Date however on the visa letter is one day after she was asked to come back with additional documents.

The reasons themselves are baseless.

Number 3 is that they say she cannot prove sufficient funds because the Verpflichtungsgeber i.e. I do not have sufficient financial stability. While issuing the formal obligation here in Ingolstadt, I gave them three months payslips and moreover the Verpflichtungserklärung doesn't have any details of how much I earn.

Number 8 is that her reasons given are not trustworthy. I am able to produce the confirmation of the Standesamttermin regarding the date of the wedding.

Number 9 is that her intention to return at the end of the visit cannot be established. We booked airfare for her. She has a job back in Taiwan and produced a letter from employer and work permit (both required for application).

It is too late to do anything like ask them to re-examine the application. It is my opinion that the application was not processed correctly. As a consequence, the fiancee and I are out a lot of money the most of which is from the airline bookings since they were a discounted price. I want to file a lawsuit claiming these charges. It is in around 800 euros.

Now I would understand if they had some additional questions. Like why the nationality of the person is different than her current country of residence, or why her stated permanent address is different than her current country of residence, etc.

 

Query:

I need to do this with the Verwaltunggericht. My online research says this court does not have Anwaltszwang, i.e. I can do this myself.

My first question is, can I file a claim for damages? I do not want the court to direct them to grant the visa, because it is too late. I want the court to direct them to pay me damages either fully or partially, and the court costs.

From this website I understand that as the plaintiff, I need to pay 3x the court costs in advance. I understand that the court costs are based on the Streitwert. Is my claim of these 800 euros in damages also the amount of this Streitwert? So according to the table, I would have to pay 3 times 71 euros so that's 213 euros, when I file the lawsuit? Then there will be a Hauptverfahren? Will I have to go in person or is this done by post? Assuming the lawsuit is dismissed (abgewiesen) will I have to pay additional costs? 

The website doesn't say what I need to do next. Can someone please help? ( @2B_orNot2B @PandaMunich :) )

I understand any help I get from you guys is non binding and does not substitute professional legal advice :) I am still grateful nonetheless.

Also, if there are those who think I should just let this go, I am willing to listen..

 

Have a great day.

 

Regards

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41 minutes ago, generalmartok said:

As a consequence, the fiancee and I are out a lot of money the most of which is from the airline bookings since they were a discounted price. I want to file a lawsuit claiming these charges. It is in the around 800 euros.

 

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4 minutes ago, SpiderPig said:

damages

Maybe my wording is incorrect. I want to be either partially or fully reimbursed for the airline tickets.

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I wonder whether it is you who can sue. My guess is that it´s only your SIL as it was her application which was turned down. This is probably the first thing you need to find out. The second would be which court is in charge. I doubt it´s the court at your residence. Maybe the embassy can clear that up.

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4 minutes ago, jeba said:

I wonder whether it is you who can sue. My guess is that it´s only your SIL as it was her application which was turned down. This is probably the first thing you need to find out. The second would be which court is in charge. I doubt it´s the court at your residence. Maybe the embassy can clear that up.

She has provided me a signed Vollmacht.

1 hour ago, generalmartok said:

The Rechtsbehelfsbelehrung says it has to be the Verwaltungsgericht Berlin.

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20 hours ago, generalmartok said:

I want to be either partially or fully reimbursed for the airline tickets.

 

On what grounds? It is your own fault for buying tickets before the visa was issued. I doubt you have a case.

 

Disclaimer: I am not a lawyer and this is not legal advice.

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Advice please,  I have already bought an apartment, in expectation of a large credit line. But, the bank turned down my credit line! Shall I sue them for the cost of my flat?;)

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3 hours ago, engelchen said:

On what grounds? It is your own fault for buying tickets before the visa was issued. I doubt you have a case.

On the grounds that the reasons for refusal cannot be substantiated.

Lack of proof of finances : What is the formal obligation (Verpflichtungserklärung) for then?

Lack of proof of intended return : Has return air tickets and a job back home

Untrustworthy reason for visit : "Uh.. sister is getting married and I would like to attend the wedding"

 

Had there been no tickets, they could have very well denied the visa as well. Like it says here on this site in item 4.

 

What I am asking for is help with filing a claim without spending on a lawyer which apparently possible with the Verwaltungsgericht where is no Anwaltszwang.

 

What exactly does everyone find so offensive with my intent to seek justice for something I believe was unfair towards me? Ultimately the Beamten are also regular folk and are not infallible. The law allows for governmental agencies to be held accountable to procedures too. If I do not have a case, so be it. The court will dismiss the case and I will end up having to pay the costs and maybe the opposing counsel too. I do not understand the general dismissive attitude and animosity towards my post.

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3 minutes ago, RedMidge said:

Advice please,  I have already bought an apartment, in expectation of a large credit line. But, the bank turned down my credit line! Shall I sue them for the cost of my flat?

Thank you for your opinion. I do not see this as the same thing, sorry.

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I've bought a cheap ticket to go home for the holidays. If anything goes tits up, I will eat it. I know this.

 

I really don't see much difference. 

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25 minutes ago, generalmartok said:

On the grounds that the reasons for refusal cannot be substantiated.

Lack of proof of finances : What is the formal obligation (Verpflichtungserklärung) for then?

 

Sorry, but I think you're making a mistake here and don't understand the process: 

 

It is not enough to submit your pay slips and sign a declaration. The person who makes the declaration of commitment (= you) must also be financially able to pay the full cost of living, including health insurance, for the person concerned. And if your income is not sufficient, the declaration of commitment is worth nothing. 

 

And that's what's been told to you ("Anmerkungen zu Punkt 3"). You don't earn enough to make a Verpflichtungserklärung. 

 

 

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44 minutes ago, generalmartok said:

Lack of proof of finances : What is the formal obligation (Verpflichtungserklärung) for then?

 

Which box is ticked on the Verpflichtungserklärung? Glaubhaft? Nachgeweisen?

 

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Lack of proof of intended return : Has return air tickets and a job back home

 

Which is not necessarily considered sufficient ties. It depends somewhat on how good the job is and how well she is integrated into the foreign country from which she applied. A return ticket in and of itself doesn't count much towards Rückkehrbereitschaft.

 

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Untrustworthy reason for visit : "Uh.. sister is getting married and I would like to attend the wedding"

 

I thought you were getting married in Denmark?

 

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Had there been no tickets, they could have very well denied the visa as well. Like it says here on this site in item 4.

 

The site to which you linked is a private one that has no actual authority. Plane tickets are not required to apply for a visa, reservations are sufficient.

 

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What exactly does everyone find so offensive with my intent to seek justice for something I believe was unfair towards me?

 

It is not offensive to me, however, I do find your arguments somewhat amusing, but in no way convincing.

 

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Ultimately the Beamten are also regular folk and are not infallible. The law allows for governmental agencies to be held accountable to procedures too.

 

I agree that officials are not infallible and should be held accountable. However, I just can't see an Ermessungsfehler

 

Have you done any research on past cases? If not, why don't you start with

Urteil vom 17.09.2015 - BVerwG 1 C 37.14

Please read it and tell me why you think you have a case.

 

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If I do not have a case, so be it. The court will dismiss the case and I will end up having to pay the costs and maybe the opposing counsel too. I do not understand the general dismissive attitude and animosity towards my post.

 

On my part there is no animosity, I just don't think you should waste your money.

 

 

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10 minutes ago, engelchen said:

 

Which box is ticked on the Verpflichtungserklärung? Glaubhaft? Nachgeweisen?

 

 

Which is not necessarily considered sufficient ties. It depends somewhat on how good the job is and how well she is integrated into the foreign country from which she applied. A return ticket in and of itself doesn't count much towards Rückkehrbereitschaft.

 

 

I thought you were getting married in Denmark?

 

 

The site to which you linked is a private one that has no actual authority. Plane tickets are not required to apply for a visa, reservations are sufficient.

 

 

It is not offensive to me, however, I do find your arguments somewhat amusing, but in no way convincing.

 

 

I agree that officials are not infallible and should be held accountable. However, I just can't see an Ermessungsfehler

 

Have you done any research on past cases? If not, why don't you start with

Urteil vom 17.09.2015 - BVerwG 1 C 37.14

Please read it and tell me why you think you have a case.

 

 

On my part there is no animosity, I just don't think you should waste your money.

 

 

This is some helpful advice. Thank you. I will look at it tomorrow.

 

I actually had some good work related stuff happen yesterday and I think in light of the big picture, I think I will just write off the 800 euros to bad luck and move on.

I did try to look for existing judgements on similar case, but clearly my search skills need some work.

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15 minutes ago, engelchen said:

Which box is ticked on the Verpflichtungserklärung? Glaubhaft? Nachgeweisen?

So since the first one took forever to get there, to be on the safe side, I had another made. The first one I unfortunately did not make a scan. The second one I did scan. The box "nachgewiesen" is selected.

The first one meanwhile got to her before I even sent the second one. I can only assume that it was the same box that was selected.

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I did read your link and while I have no idea of the situation, I read a state office saying in respect of one part "We do not find this reason believable".   So my thought was "well, that is quite strong, and usually a state would not just randomly say that...so there must be something behind it".

 

That was the bit about this relative "needing" to come here because (you said) you are getting married.   Yet further information now indicates you are not getting married in Germany.  So your relative's "need" for her to come to Germany is indeed "not believable".   As it stands, I think many people looking at it randomly would perhaps not be surprised why they turned her down.    I also noticed the disparity between their specific statement about levels on income, and your less specific one (relating to lower income) and wondered about that too.

 

However, certainly appeal if you still feel unhappy.  It is why the process is there but I guess you may be asked about why you disagree the grounds.   They can only say "no".

 

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22 minutes ago, someonesdaughter said:

 

Sorry, but I think you're making a mistake here and don't understand the process: 

 

It is not enough to submit your pay slips and sign a declaration. The person who makes the declaration of commitment (= you) must also be financially able to pay the full cost of living, including health insurance, for the person concerned. And if your income is not sufficient, the declaration of commitment is worth nothing. 

 

And that's what's been told to you ("Anmerkungen zu Punkt 3"). You don't earn enough to make a Verpflichtungserklärung. 

 

 

But it does not make any indication of how much my salary is. The authority that denied the application does not know what my salary is. After engelchens last post I realized the document has a box that is ticked. If they had ticked "nicht glaubhaft gemacht" then I could agree with their decision.

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42 minutes ago, generalmartok said:

So since the first one took forever to get there, to be on the safe side, I had another made. The first one I unfortunately did not make a scan. The second one I did scan. The box "nachgewiesen" is selected.

The first one meanwhile got to her before I even sent the second one. I can only assume that it was the same box that was selected.

 

The financial aspect is still only one aspect. The Rückkehrbereitschaft is an unsurmountable hurdle for many single women requiring a Schengen Visa and to be quite honest after reading certain threads on info4alien, I think you should place the blame on the countless women who came on a visit visa and then just decided to stay.

 

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ich lebe Seit Dezember letzten Jahres mit meiner Freundin zusammen diese ist mit einem Touristen Visum eingereist, schwanger geworden und weigerte sich zurück zu fliegen, da Ihr die ausschließung der Familiengemeinschaft drohte(Ohne Heirat schwanger).

 

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On Mittwoch, 7. November 2018, generalmartok said:

The website doesn't say what I need to do next. Can someone please help? ( @2B_orNot2B @PandaMunich

 

Hi @generalmartok :)

 

I did read your post soon after it appeared but did not respond immediately for several reasons.

 

In the first instance I was too busy to give you a detailed answer explaining my opinion.

 

Secondly I have no personal experience of initiating a case at a Verwaltungsgericht.

 

Thirdly I was hoping you might have found the time to research some of the relevant links which I'd included in the wide-ranging pinned Legal forum topic How to get legal advice or representation in court if you have limited means or a low income. where you could have found out more about the process specifics.

 

Fourthly I was certain you would have got more accurate advice on the general issue from either @engelchen or @someonesdaughter than me. Likewise, wrt the specific process issues in German civil administrative law, @kato would probably be more knowledgeable.

 

AFAIR, (and no!! I did not invest the time to refresh my past research on the subject just to answer your question, so don't complain if my memory is false), where the law obliges a citizen to use the administrative court to appeal a decision of a public authority that authority cannot then, (caveat: unless there is evidence of abusive use of the court by the plaintiff), be awarded costs against the plaintiff.

 

I believe the taxpayers of Germany would cover the authorities' costs, no matter how wastefully hopeless such a suit might appear to be to 99% of most reasonable thinking people.

 

Other than that I would have to agree with most of the points which have been posted albeit that's probably of little comfort to you.

 

Congrats on your having set the date and your good news wrt your employment conditions.:D

 

Here's to a gloriously fine day for your wedding and enjoying a smooth process wrt the following admin. :lol:

 

2B

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1 hour ago, engelchen said:

I thought you were getting married in Denmark?

 

 

 

Is this correct?  If so, then we know exactly why the visa was denied.

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