Introduction
There are usually three options available when a Schengen visa application is refused. The three options are:

• File an Appeal;
• Apply for a Review (provided the national allows it); or
• Make a reapplication for a visa.

Appeal the Decision
Procedure for making Appeal
The right of appeal is provided by the Shengen Visa Code. You must conduct your appeal against the Member State that refused your visa. For example if you have been refused a visa by Belgium, you must appeal against that Member State.

However, the Netherlands Embassy in Ghana accepts applications for Schengen visa for residents of Ghana travelling to

• Austria
• France
• Hungary
• Lithuania
• Luxembourg
• Portugal

Thus, the appeal will be lodged at the Netherlands Embassy and conducted in accordance with the national law of the Netherlands. The Notification of Refusal will specify the address to which your appeal must be lodged. Usually the time limit for lodging an appeal is between 4 to 8 weeks.

You may file the appeal either by yourself or through an authorised representative such as a lawyer. If you wish to use a representative or lawyer, you must sign a letter authorising your representative or lawyer to accept and receive correspondence on your behalf.

There is no fee for filing an appeal. You will not pay visa fee if a visa is issued. You may however incur costs if you decide to use a representative or a lawyer

What should I consider before making the appeal?
You must have valid grounds based on law. Arguing that the decision is unfair without representing factual or legal errors will not work.  You are permitted to submit additional evidence which was not part of your original application. For example, if the consulate decided that the place where you claimed you would be staying when you travel was not substantiated with adequate documentary evidence, you may overcome the refusal with further evidence.

You may submit additional evidence such as:

• Photos
• call records
• messages
• greeting cards
• Remittance
• Statements from the appellant and the host detailing the relationship

The time limit for submitting the evidence and the manner for submitting it will be specified in the request notice. You must promptly provide the evidence if available. If you cannot, state reasons why you are unable to do so and provide alternative or secondary evidence, if possible.

How long does it take for appeal to be decided?
It can take several weeks or close to several months. For example, Member States such as Finland, Norway, and Denmark could take up to 12 months to determine an appeal. If you are going for a seminar, for example, which is time bound then it is not advisable to appeal. In such a case, it is in your own interest to request for a review or make a reapplication.

What happens if my appeal is successful?
If your appeal is successful, the original decision to refuse will be withdrawn and the new decision put in its stead. You and the consulate will be notified of the outcome. The decision may specify conditions for the issuance of a visa. If you do not meet the conditions within the timeline specified, no visa will be issued. Some conditions include the presentation of  the following:

• a return air ticket;
• valid travel medical insurance;
• a travel itinerary or ;
• a new document specifying the purpose of the journey.

You may also be required to provide any other specific document as a condition for the grant of a visa.