In today's judgment, the EU Court of Justice ruled in a case regarding two visa application rejections by the Netherlands.
An Egyptian citizen and a Syrian citizen who lives in Saudi-Arabia applied for Schengen visa to visit family members residing in the Netherlands. However, their applications were rejected based on one of the standard grounds of the assessment form (threat to the public order, national security, public health or the international relations of an EU Member-State). The visa application rejections were the result of respectively Hungary’s and Germany’s objections, countries consulted by the Dutch authorities beforehand under the Visa code procedure. Despite that, the assessment form did not clarify which State(s) objected nor did the form explain which rejection ground was applicable to them. Furthermore, the assessment form did not clarify on which grounds the applicants allegedly formed a threat.
To summarise, the EU Court of Justice ruled that the Netherlands should disclose which State(s) is (are) objecting in cases where a visa is rejected if that rejection follows from another EU State’s objections. Also, the exact reasons of the rejection should be expressed. Finally, the Netherlands must direct the applicant to the relevant authorities (of other Member States) where the applicant can object to the decision or concerns expressed by that Member State.
The judgment is not published yet, the press release is available here.
Lawyer Marq Wijngaarden defended K.A. in this case, who is one of the two applicants in this procedure.