Schengen visa cancelled and traveller searched

Question

My relative, a young student and mother, was travelling to visit me in Scandinavia from Africa. She had a legal visa issued for medical reasons. When she arrived in Germany in transit, she was asked to show a return ticket. She had this but, since it didn't have any return information, she could not prove that she had it.

Neither could she show the doctor's letter because those documents had been given at the Embassy at the time of visa being issued. This led to hours of being interrogated like criminal by teams of officials, strip naked and all body parts probed by immigration officials.

Meanwhile, nobody informed us that this was happening. When they finally called, it was to inform us that her Schengen visa had been annulled and she was to be removed the next day, that she had lied about why she obtained her visa, but that she could appeal the decision.

At the time of visa issue, they had no doubt about her returning because all the documents asked for were provided.

What is the best course of action to clear her record, get another visa and travel for the doctor's appointment? Should she appeal or should she get a new passport (because it has the vis annulled and its damaged as) and apply again?

What about the pictures they took of her and information recorded about her? Does it not accuse her, in spite of her innocence? Can she file a complaint for humiliation and psychological torture?

Answer 1

The first thing you need to do is establish the FACTS. You have given us her side of the story, we do not know their side. A material lie makes nonsense of any recourse you have. They typically document all that went on and provided her some paperwork to sign.

On the surface, it appears they have grounds to refuse her entry since she did not have proof of her return. She also did not have the supporting documents for her visa. These requirements are pretty standard.

Now IF you establish that she did not lie, I recommend you file an appeal. This is because a deportation in your immigration history will follow you around even when applying to other countries, unless it is addressed. You have little to lose by appealing, worst case you get denied again. If you're lucky, you get approved and clear that black mark. Additionally I believe she still needs the medical treatment she was coming for, so an appeal is in order.

A deportation is a serious immigration event and with the scenario you described, your best course of action is to retain an experienced immigration attorney.

How to appeal a refused Schengen visa?

A deportation is not like an ordinary visa refusal which one typically can appeal by oneself. Expertise is required in such matters which you likely do not possess.

Concerning the pictures, humiliation/torture and filing a complaint, once again an attorney is the best person to evaluate the case in it's entirety and offer advice. Note however there is a high bar to overcome to win such cases. They have rights to collect her information and question her although not to abuse.