Appeals against Visa refusals in Portugal

Portugal's immigration authorities are called The Immigration and Border Service (SEF), handle all matters associated with citizenship and immigration services.

Portugal is a signatory to the Schengen Agreement and has a frequent visa policy that does not guarantee access to each member country as the final decision depends on the border authorities. The visa will cost you around 60 euros, and you should apply three weeks in advance to prevent any potential processing delays.

The visa application has to be made at the Portuguese Embassy when your destination in the Schengen area is Portugal.

Applicants can appeal the refusal to give a visa in Compliance with Portuguese domestic law.

The available options to contest a refusal are:

  • Issue a criticism within 15 days following acknowledgement of denial, contrary to the refusal's issuer (in compliance with article 191, Administrative Procedure Code (CPA)).
  • Appeal the denial decision within three weeks after notification (according to article 59 Administrative Court Procedure Code, CPTA and paragraph 2 of artigo 193 CPA) at the Ministry of Foreign Affairs.
  • Bring an action to competent court (Administrative Court, Lisbon, Article 22 from suppletion, CPTA), over three weeks of notification of denial (Articles 69 and 59 Administrative Court Process Code, CPTA) requesting the overruling of the refusal and the awarding of the required lawful act.

The known options are not mutually exclusive. Therefore, the applicant can appeal to the Minister and, depending upon such appeal's outcomes, continue towards lawsuit (Paragraph 4, Article 59, CPTA).

The applicant may also appeal the decision and bring an action simultaneously to the administrative court without awaiting the results of this appeal (in compliance with paragraph 5 of article 59 CPTA).

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