Concerns Arise Over Alleged Algorithmic Profiling in Visa Applications by Schengen Countries
Third-country nationals planning to visit the Schengen Area are worried about possible ethnic discrimination in visa application processes, following reports that the Netherlands has been using a secret and potentially illegal algorithm to profile applicants based on their nationality, age, and gender.
The algorithm assigns a risk score to each applicant, which affects the duration and outcome of their visa application. Those with a high risk score are likely to face delays and rejections.
SchengenVisaInfo.com contacted several Schengen countries to find out whether they use similar algorithms or filters for visa applications. Here are the responses received.
Countries That Deny Using Algorithms
Sweden and Spain confirmed that they do not use any algorithms or filters for visa applications and that they treat all applicants equally. They stated that they follow the Schengen visa code, which requires a decision within 15 calendar days, extendable to 45 days in some cases.
VFS Global, a visa outsourcing company that works with the Dutch government, also denied any involvement in applicant filtering. They clarified that visa appointment slots are not reserved for specific individuals based on ethnicity, and that the availability of appointments depends on the requirements set by client governments.
Countries That Remain Silent
France and Switzerland, two countries with a high number of Schengen visa applications, did not provide official responses. The lack of transparency from these countries has caused further anxiety among third-country nationals who need a visa to enter the Schengen Area.
Visa Approval Rates and Rejections
To address concerns regarding visa rejections, we have compiled a list of the easiest countries to obtain a Schengen visa based on the rejection rates in 2022.
Italy, Greece, Switzerland, Poland, Luxembourg, Finland, Slovakia, Latvia, Lithuania, and Iceland were ranked as the most accessible countries. On the other hand, Malta, Sweden, Belgium, and France had the highest rejection rates in 2022.
Transparent and fair visa processing is not only a matter of administrative efficiency but also a fundamental requirement to uphold human rights and comply with the legal principles set forth by the European Union. The EU has established a robust legal framework that promotes equality, non-discrimination, and respect for individual rights in all aspects of governance, including immigration and visa procedures.
Under EU human rights law, every person is entitled to equal treatment and protection, regardless of their ethnicity or background. Any form of profiling based on ethnicity or other protected characteristics is considered discriminatory and violates the fundamental principles of human rights. It undermines the principles of fairness, dignity, and respect for human dignity that the EU upholds.
The right to privacy is another crucial aspect protected by EU law. Algorithmic profiling, if employed without transparency and proper safeguards, can infringe upon an individual’s right to privacy. It is imperative that visa application processes respect the privacy of applicants and do not subject them to unjustified and intrusive scrutiny based on their ethnic or personal characteristics.
To ensure compliance with EU human rights law, it is essential for Schengen countries to adopt transparent and accountable visa processing procedures. This includes clear guidelines, objective criteria, and a fair decision-making process that treats all applicants equally. It is the responsibility of the national authorities to ensure that visa applications are evaluated solely based on legitimate and non-discriminatory factors, such as the purpose of travel, financial means, and security considerations.
Individuals planning to apply for visas within the Schengen Area should stay informed about any developments in immigration policies and legal requirements. Seeking legal guidance from immigration attorneys or experts can help navigate the complexities of the visa application process and ensure that their rights are protected.
Profiling in visa applications, it is essential to note that the Schengen visa process is governed by the Schengen Visa Code, which outlines the rules and procedures for obtaining a Schengen visa. The code emphasizes the principles of non-discrimination and equal treatment of applicants. Schengen countries are expected to process visa applications based on objective criteria and without discrimination based on ethnicity, nationality, gender, or any other protected characteristics. Any practice that involves profiling applicants based on such factors would be inconsistent with the principles of the Schengen Visa Code and EU human rights law.
By promoting transparent and equitable visa processing, the European Union can actively uphold its commitment to human rights and equality. This approach aims to establish a visa application system that treats all individuals with dignity and respect, irrespective of their ethnicity or background.
We encourage you to share your thoughts on this matter in the comments section below. Let us know your opinions and perspectives regarding the importance of transparent and fair visa processing in relation to upholding human rights and promoting equality within the European Union. We value your input and look forward to engaging in a meaningful discussion.
