Introduction: Focus on visa procedures for business travellers
Business travellers from third countries and the German companies that invite them are dependent on smooth visa procedures. Schengen visa and entry permits form the basis for international business partners to be able to hold meetings in Germany. However, if a Business trip visa Germany unexpectedly, this can jeopardise important projects. In such cases, not only the travellers but also the companies face challenges. A recent example - a case heard in Berlin - shows just how relevant the legal review of a traveller's application can be. Visa refusal can be. The Berlin Administrative Court (VG Berlin) had to decide whether the refusal of a visa for a Pakistani businessman was lawful. The decision of 8 November 2023 (case no. 16 K 594/22 V) underlines the importance of a sound basis for decision-making in visa proceedings and provides important information for future cases.
Facts: Pakistani businessman does not receive a visa
A Pakistani businessman was planning a Business trip to Germanyto attend important business meetings here. A German company had officially invited him and he then applied to the German diplomatic mission (embassy) for a Visa application for a Schengen visa for business purposes. Despite complete documentation and the apparently legitimate invitation, the embassy rejected the application.
The authority justified the Visa refusal with certain accusations against the applicant. Among other things, it was suggested that the purpose of the trip was not credible and that there were safety concerns. The letter of refusal referred to a possible "Danger to public order" was mentioned - a serious accusation. Specifically, the visa office suspected that the businessman might violate German regulations or engage in other undesirable activities during his stay. For the applicant, this seemed unfounded: He is an established entrepreneur in Pakistan and had already undertaken similar business trips to other countries without ever attracting negative attention.
With the support of the inviting German company, the Pakistani decided to take legal action against the visa refusal. Initially, a remonstration (an appeal to the embassy) was lodged to have the decision reviewed - but without success. The embassy stood by its refusal. The businessman then brought an action before the Berlin Administrative Court. This step is common, as complaints against decisions by German missions abroad must be filed centrally with the Berlin Administrative Court (seat of the Federal Foreign Office). In the court proceedings, the plaintiff wanted to clarify whether the generalised security allegations made by the visa office were legally tenable. The invited representatives of the authority had to explain the basis of their assessment that the business traveller could pose a danger or risk.
Decision of the Berlin Administrative Court: No viable basis for refusing a visa
The Berlin Administrative Court ruled in favour of the plaintiff in its judgement of 8 November 2023. The judges obliged the authorities to reassess the visa application. This means that the embassy must re-examine the application and take the court's legal opinion into account. Although the court did not order a direct visa issue - as there is generally no entitlement to an immediate visa issue for business visas - the cancellation of the rejection was a clear success for the businessman.
Essential reasoning of the court: The reasons originally given for the visa refusal proved to be unsustainable. In the view of the court, there was no Sufficient factual basis for the assumption that the applicant represents a Danger to public order or was pursuing dishonest intentions. The embassy had essentially based its refusal on assumptions without providing concrete evidence or comprehensible indications. There were neither entries in security databases nor indications of previous offences committed by the businessman in the Schengen area. The business purpose - namely the visit to the inviting company in Germany - also seemed plausible and supported by documents. A generalised assertion of safety risks was not enough for the courtto justify the visa refusal.
The decision contains an important legal categorisation: Authorities do have a certain "room for judgement" when making visa decisions, but this is not unlimited. In particular, a Schengen visa may only be refused for the reasons expressly provided for in the EU Visa Code. These include, for example, unclear travel purposes, unwillingness to return or specific threats to security and order. If an authority makes use of this discretionary power, it must base its decision on reliable facts. The Berlin Administrative Court emphasised that vague fears or general doubts are not enough to refuse a visa. The judicial review showed that the authorities had not substantiated their strict allegation (danger to public order) in the specific case. Consequently, there was an error of judgement.
The aspect of judicial review is also interesting: The Judicial review of visa decisions is limited in some respects - courts are reluctant to interfere with the authorities' forecasting decisions - but they do check whether procedural rules have been observed and whether the grounds for rejection conclusive and comprehensible are. In the present case, the VG Berlin made it clear that the Visa refusal was unlawful because it lacked a comprehensible, objective basis. As a result of the obligation to make a new decision, the authority must now either provide valid reasons or - if this is not possible - probably approve the visa application. The ruling therefore strengthens the position of bona fide business travellers: A visa refusal must not be arbitrary, but must be based on facts.
Practical tips for visa applicants and inviting companies
The case provides valuable insights into how Visa applicants and German The company should proceed with business travel visas. Here are some practical tips on how to be successful in the visa process and how to deal with refusals:
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Thorough preparation and documentation: When applying for a visa, make sure that all the necessary documents are complete and meaningful. An official invitation from the German company, a detailed travel plan and proof of the traveller's business and financial background (e.g. extract from the company register, business relationships, willingness to return due to ties in the home country) are crucial. The better the purpose of the Business trip to Germany documented, the less room there is for doubt about your Visa-Authorisation to apply.
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Deal with rejections in a level-headed manner: Should a Schengen visa If you are nevertheless refused a visa, keep calm and analyse the reasons given for the refusal. The authorities will usually tell you why the visa was refused - for example "Danger to public order" or Doubts about the intention to return. Take this justification seriously and collect counter-evidence. There is often the possibility of a Remonstrationi.e. an informal objection to the diplomatic mission abroad. In this step, you can submit additional documents and clear up any misunderstandings. A factual, well-founded remonstration often leads to the visa centre reconsidering its decision.
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Legal steps and support: Remains the Visa refusal If the reason for rejection persists even after remonstration or appears to be manifestly unfounded, do not hesitate to take legal action. As the case discussed shows, a complaint before the Berlin Administrative Court be successful if the authority has made an incorrect decision. The Legal support by a specialised lawyer can be a great advantage here. He or she can provide advice in advance when compiling the application documents, emphasise the decisive arguments in the remonstration and effectively represent the rights of the applicant in the event of a lawsuit. Complex cases in particular - for example when safety concerns or official discretionary powers are involved - can be handled much better with experienced legal support.
With careful preparation and the necessary expertise, many Visa procedure positively. German companies should actively help their invited business partners with the application process by providing clear invitation and confirmation letters as well as a fixed schedule for the business trip. However, if a refusal occurs, this is not the end: thanks to clear legal requirements and relevant court judgements such as that of the Berlin Administrative Court, there are ways and means of appealing against an unfounded refusal. Visa-rejection. In this way, the important international exchange does not get bogged down in formalities or unfounded fears.