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REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 establishing a Community Code on Visas (Visa Code)

1.   Without prejudice to Article 25(1), a visa shall be refused:

(a)

if the applicant:

(i)

presents a travel document which is false, counterfeit or forged;

(ii)

does not provide justification for the purpose and conditions of the intended stay;

(iii)

does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully;

(iv)

has already stayed for three months during the current six-month period on the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity;

(v)

is a person for whom an alert has been issued in the SIS for the purpose of refusing entry;

(vi)

is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; or

(vii)

does not provide proof of holding adequate and valid travel medical insurance, where applicable;

or

(b)

if there are reasonable doubts as to the authenticity of the supporting documents submitted by the applicant or the veracity of their contents, the reliability of the statements made by the applicant or his intention to leave the territory of the Member States before the expiry of the visa applied for.

2.   A decision on refusal and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex VI.

3.   Applicants who have been refused a visa shall have the right to appeal. Appeals shall be conducted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI.

4.   In the cases referred to in Article 8(2), the consulate of the representing Member State shall inform the applicant of the decision taken by the represented Member State.

5.   Information on a refused visa shall be entered into the VIS in accordance with Article 12 of the VIS Regulation.


Article 32 §1 – Koushkaki C-84/12
Article 32 §3 – El Hassani C-403/16
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