Applicants can appeal the refusal to grant a visa, in compliance with Portuguese domestic law.
Available options being:
- Issue a complaint, within 15 days following acknowledgement of refusal, against the issuer of the refusal (in compliance with article 191, Administrative Process Code (CPA));
- Appeal the decision of refusal, within thirty days following notification, (in compliance with article 59 Administrative Court Process Code, CPTA and paragraph 2 of article 193 CPA), to the Minister of Foreign Affairs.
- Bring an action to competent court (Administrative Court, Lisbon, Article 22 by suppletion, CPTA), within three months of notification of refusal (Articles 69 and 59 Administrative Court Process Code, CPTA) requesting the overruling of the refusal, and the granting of the required lawful act.
The referred options are not mutually exclusive. As such, the applicant can appeal to the Minister and, depending on the results of such appeal, continue towards litigation (Paragraph 4, Article 59, CPTA).
The applicant can also appeal the decision and bring an action simultaneously to the administrative court, without waiting for the results of the appeal (in compliance with paragraph 5 of article 59 CPTA).
For the administrative costs of handling each appeal procedure, for the use of administrative guarantee, to contest a visa applications decision, with the exception of applications resulting from authorizations for family reunification, 75€ (n.º 5 of article 15º of the Order n.º 229/2021, of the 28th of October).