Although Brazilian migration legislation does not mention the right to appeal, there…

Overview

Although Brazilian migration legislation does not mention the right to appeal, there are legal principles that assurance this possibility. The right to administrative appeal, provided for in the Administrative Procedure Law, allows the review of administrative decisions. Furthermore, the Constitution provides for the principle of petition and the right to adversarial proceedings and full defense, ensuring that anyone can challenge unfair or erroneous decisions to protect their rights. However, the cases subject to appeal for decisions that denied a Brazilian visa are limited. If the applicant did not present all the documents or was not potentially qualifying, he or she will have to submit a new visa application. If there was illegality in the decision and the appeal did not change that, it may be possible to take legal action. Situations where appeals may be considered include: Incorrect interpretation of laws; administrative or procedural issues; humanitarian exceptions; denial without justification; discrimination; uneven or inconsistent application of rules; error in evaluating documents; misuse of authority; excessive or unfounded delay; absurd or unjustified additional documents; for some kind of retaliation, etc.