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Wrongly Denial Entry - Travel - Nairaland

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Wrongly Denial Entry by bolaji340: 8:09am On May 10, 2009
Am a student  in Russia l was denial enter   to warsaw with my poland schengen tourist visa, the boarder guard  said  l had no secure accommodation,l had a secured accommodation payed for in full in advance for the duration of my stay with a voucher from the hotel and my travel agent to proof my accommodation, Holding of a visa does not guarantee the right to enter the poland or any country but l felt l was wrongly denial entry because of my nationality  as a Nigerianin and my skin colour,how can l do to sake justice?because this is morally wrong
Re: Wrongly Denial Entry by Nobody: 12:15pm On May 10, 2009
I've been to Russia twice, never had any issues with visa.

I'm Nigerian too, so as brown as you are.
You were probably denied for some other reason you haven't stated here.
Re: Wrongly Denial Entry by brownbonno(m): 12:54pm On May 10, 2009
Siena:

I've been to Russia twice, never had any issues with visa.

I'm Nigerian too, so as brown as you are.
You were probably denied for some other reason you haven't stated here.


I am sure you used your British passport and not Nigerian Passport ?
Re: Wrongly Denial Entry by bolaji340: 12:55pm On May 10, 2009
hello,you got me wrong ,am talking about my entry denial  to poland and not Russia, am legally resident and a student in Russia
Re: Wrongly Denial Entry by Davedavy: 10:50pm On May 10, 2009
When did this happen? I don’t think it was because of your Naija passport, I have been to Poland too many times traveling from Russia and have never been disturbed by the boarder guards, infact i found them friendlier than the Russian immigration. Maybe you were suspected that you won’t return back to Russia, did you show them your school id card in Russia? I only hope your finger prints were not taken cause it means you might have been registered in the Shengen Information System ( SIS) and you might not be able to enter any shengen country in the near future.
Re: Wrongly Denial Entry by Davedavy: 12:00am On May 11, 2009
One more thing, what about your intended means of sustenance while in Poland? Did you show that to them? Cause it is also a requirement before you can be allowed entry.

“Means of subsistence an alien should be in possession of when crossing the border of the territory of the Republic of Poland
1. An alien entering the territory of the Republic of Poland should present, on request of the Polish Border Guard, the following means of subsistence to cover expenses concerning to entry, transit, stay and departure from the territory of the Republic of Poland in the sum of:
• PLN 100 - per day of stay for persons over 16 years old, but not less then 500PLN or equivalent in a foreign currency;
• PLN 50 - per day of stay for persons under 16 years old, but not less then 300PLN or equivalent in a foreign currency.

2. An alien entering the territory of the Republic of Poland for the period not exceeding 3 days should possession the following means of subsistence to cover expenses in the sum of:
• PLN 300 or equivalent in a foreign currency for the person over 16 years old;
• PLN 150 or equivalent in a foreign currency for persons under 16years old.”
Re: Wrongly Denial Entry by Nobody: 3:20am On May 11, 2009
if they denied you entry then they NORMALLY would have told you WHY they didnt allow you entry into Poland. Also if you had read carefully on your visa application, you will see that having a Schenghen visa does NOT means that you will enter for sure. only the immigration officer will make that last call. so if your story doesnt match, your circumstances have changed or you do not show signs that what you said was the truth then your entry will be denied. there is an influx of people thinking that the new eastern border of the EU (Poland, Czech Republic etc) are the weakest point of entry where in fact they are the toughest.
how much money did you have "in your pocket" at the time? if they called the hotel that you were suppose to stay in and they said that you had no reservation PAID FOR then they had all the right to refuse you entry. i guess your voucher wasnt a confirmation of paymetn!
Re: Wrongly Denial Entry by bolaji340: 5:52am On May 11, 2009
l was given a paper written in polish,which l later translated to english and the reason written on the form was that l had no hotel accomdation,l had hotel accomdation paid for in advance with a confrim booking from the hotel ,the boarder guard told me he spoke with the hotel when and how ,l was not told and the hotel said l had no hotel booking ,l demanded to spoke with the hotel but my request was turn down,when l return to russia ,l contacted my travel agent and the hotel was contacted in warsaw and the hotel said nobody contacted them concern my accomdation ,l had 1200 pounds on me from my parent which l showed the boarder guard and my student idcard ,l felt l was refuse entry just because am a first time visitor and a Nigerian,the border guarder that interview me said he once worked at the polish Embassy in Nigeria and according to him people from my country are not sincere and they do not return to nigeria once in the schengen zone; a statement which in my opinion was very biased. I don’t think it was right for him to make such stereotypes and generalizations about Nigerians. It was plainly done in poor taste and lack of good judgment on his part.
Re: Wrongly Denial Entry by Nobody: 1:45pm On May 11, 2009
was the hotel paid for?! did you actually paid the hotel and got a receipt for payment! now that you have been sent back did you get a refund from the HOTEL?! i said HOTEL not travel agency!
Re: Wrongly Denial Entry by bolaji340: 2:21pm On May 11, 2009
am yet to get a refund because my hotel fee is not refundable based on my signed agreement with the travel agency ,which stipulate that l can only cancel the hotel booking four days to the first nigth booking,but the hotel have already given me a letter which l haded to my appeal letter to the boarder guard headquarter in warswaw
Re: Wrongly Denial Entry by Nobody: 2:53am On May 12, 2009
and what does the letter from the HOTEL says?! does it say that a room was RESERVED and PAID for you on the date that you stipulated to the immigration agent?!
Re: Wrongly Denial Entry by bolaji340: 5:45am On May 12, 2009
yes,it stated clearly the number of days and nigth l payed for my accomodation ,so l still believe my denial of entry,was clearly a case of injustice and rascial discrimination by the boarder guards.
Re: Wrongly Denial Entry by Nobody: 6:27am On May 12, 2009
if that is the case then yes you have been wrongly denied entry if the reason for not letting you in is that you didnt have accommodation.
can you please copy and paste the text that the immigration wrote to you in POLISH.(my ex is polish so i will ask her to translate it)
Re: Wrongly Denial Entry by bolaji340: 10:15am On May 14, 2009
Nizej wymieniony/-e dokument/-y nie zostal/-ly przedstawione;brak rezerwacji hotelowej,brak oplaconych swiadczen turystycnych

am sorry for my late reply,that is the text from the immigration it a long letter quoting so many section of the foreigner act of the polish law but that is the major part that was circle and hiligthed as the major reason for my denail of entry ,l know it falsehood ,l was denial entry just because am a Nigerian and a first time visitor to poland,it so sad that people will judge a whole nation of more than 120 million AS having the same character and altitude , too bad
Re: Wrongly Denial Entry by Nobody: 7:43am On May 18, 2009
hey man sorry for the late reply. here is what this MEANS:
Documents written below have not been introduced; lack of hotel reservation(booking), lack of paid bill for turistic service

so if you REALLY had a PAID reservation then you have a case as they clearly stated that you didnt have and didnt PRODUCE one on that day.
i suggest you go back to the polish embassy that issued your visa and make a complaint there.
Re: Wrongly Denial Entry by bolaji340: 8:05am On May 18, 2009
thank you,l have already gone to the polish embassy with the travel agent and the embassy told me to write a complain letter and attached copy of my hotel payment and a letter from the travel agent and send it to the headquater of the boader guard in warsaw ,and which l have already written the detail letter immediately and forwarded it to the boarder guard headquarter in warsaw via Dhl courier service , l await the reply of the boarder guard, l hope justice will be done, and no official cover up,
Re: Wrongly Denial Entry by bolaji340: 6:26am On May 29, 2009
sir,
Am yet to get a reply from the polish boarder guard but l will like to travel to finland to visit my friend a finnish citizen ,can l still apply to finland embassy or l have to wait for the reply of the polish boarder guard on my complain before l can apply to any schengen visa country.please l need your urgent advice
Re: Wrongly Denial Entry by Nobody: 12:54pm On May 29, 2009
sorry my brotha, i am lost on that one.
Re: Wrongly Denial Entry by bolaji340: 4:51am On Jun 14, 2009
helllo,
l got a reply from the boarder guard chief commandant of the border protection service from warsaw poland about my complain ,the former decision to denial entry was wrong,and the decision completely canceled after investigation ,but l was told in the letter from the boarder guard headquarter that only the court can determine my financial claims regarding the compensation means spent for the hotel payment and cannot be regarded within this administrative procedure as they are of civil character, do you think l should proceed my claim for compensation in court and what is Article 5.1 of the Schengen Implementing Convention? can l get compensation if l go to court?
Re: Wrongly Denial Entry by brownbonno(m): 8:30am On Jun 14, 2009
Article 5
1. For visits not exceeding three months entry into the territories of the Contracting Parties may be granted to an alien who fulfils the following conditions:

(a) in possession of a valid document or documents permitting them to cross the border, as determined by the Executive Committee;

(b) in possession of a valid visa if required;

(c) if applicable, submits documents substantiating the purpose and the conditions of the planned visit and has sufficient means of support, both for the period of the planned visit and to return to their country of origin or to travel in transit in a Third State, into which their admission is guaranteed, or is in a position to acquire such means legally;

(d) has not been reported as a person not to be permitted entry;

(e) is not considered to be a threat to public policy, national security or The international relations of any of the Contracting Parties.
Re: Wrongly Denial Entry by bolaji340: 11:32am On Jun 14, 2009
thank you, but you do think l can fill a case in court for financial compensation and get compensationed since the boarder guard headquarter have already admitted in reply to my appeal in writing the descion taking by one of his staff is wrong by refusing me entry to poland when l proposed all the requirement for entry.l need your urgent reply.thank you
Re: Wrongly Denial Entry by brownbonno(m): 2:03pm On Jun 14, 2009
bolaji340:

thank you, but you do think l can fill a case in court for financial compensation and get compensationed since the boarder guard headquarter have already admitted in reply to my appeal in writing the descion taking by one of his staff is wrong by refusing me entry to poland when l proposed all the requirement for entry.l need your urgent reply.thank you

Firstly,send them a letter with the claims and give them about 14 days to make the payment.It will give them the option to settle instead of going to court.But if they fail,then legal recourse will be last option.(Contact a local lawyer to file a court claim for you.)
You should be reasonable on the claims/damage.You should should be able to demonstrate all the ECONOMIC loss incurred-Like
1.Flight Ticket
2.Hotel accomodation booked
3.Legal advice fees/cost
4.others
Re: Wrongly Denial Entry by bolaji340: 4:05am On Jun 15, 2009
thanks,on the letter l received from the boarder guard headquarter ,it was written that l have 30 days to take the case to court in warsaw and l got the letter a bit late due to postage delay and l have just 16 days more to make up the 30 days dated on the letter but my problem is how to contact a local lawyer in warsaw that will handle this case from me,because am currently based in Russia .HOW can l get a local lawyer based in warsaw?

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