Originally Posted by
NA-Flyer
The place of signature is covered by a laminated cover originally when my friend received it from his country embassy and there is no way he can sign the passport in the dedicated place for signature.
This is the real issue here, and you shouldn't have omitted this part from your original post. Otherwise I doubt it there would be any problem signing the passport on the spot.
As per Timatic:
Originally Posted by
oliver2002
Code:
- PASSPORTS MUST BE SIGNED BY THE HOLDER. PASSPORTS WITHOUT
SIGNATURES WILL BE ACCEPTED IF:
1. THE ISSUING COUNTRY PERMITS A FINGERPRINT INSTEAD OF A
SIGNATURE; OR
2. THE PASSPORT CONTAINS A REMARK STATING THAT A SIGNATURE
IS NOT REQUIRED OR THAT THE HOLDER CANNOT SIGN THE PASSPORT.
Germany have set the above rules, and there is no ambiguity here: your "friend" did not hold the travel documentation required, and could be refused entry, making the airline liable to take him back where he came from, and very likely forcing them to eject a revenue passenger to free up a seat for him, which is clearly not something the airline is keen to have to deal with. Some countries also fine airlines in such scenarios, not sure if Germany does this too.
It is entirely up to Germany to decide whom they allow to enter their borders. Whether these rules are rational, fair, etc., and whether the same document could be used for travel to other jurisdictions is beside the point. For example, Syria, alongside a couple of other countries, would not allow Israeli passport holders to enter their borders. That the same passport can be used to enter some 150 other countries visa-free is not relevant: Syria have set such a rule and it is their sovereign right to do so.
Your "friend" should bring this up with the issuer of the passport (through consulate or embassy if abroad) and ask to either (a) have the passport reissued with a signature or a fingerprint in lieu of it or (b) have an endorsement made in the current passport that "a signature is not required" to satisfy the requirements of the destination country.
It was sheer luck that it worked the previous couple of times but attempting to board the plane for Germany again without addressing this underlying issue was clearly pushing your luck. Had it worked, it would have been due to an omission or a deliberate non-enforcement of rules. You cannot really count upon this to happen every time or claim anything on the basis that it did not work this time because you are quite obviously in the wrong here.
One thing you could have tried to convince the airline to let you board was offering to sign a liability waiver, where you agree to cover the total expenses incurred in case of your removal due to possible inadmissibility. An accompanying deposit could have been necessary as well. This would work for travel to some Asian countries, where airlines enforce the requirement for proof of onward travel. By the way, did you have a return or onward itinerary in this case or was it a one-way flight?
Originally Posted by
NA-Flyer
When Germany granted him the visa they saw the passport and they know about this fact and issued him the visa.
How can you be certain they even paid attention to the lack of signature in the passport? Clearly, they are not affected by someone issued a visa being denied boarding, so there is little incentive for them to check such details carefully.
Originally Posted by
NA-Flyer
My friend used the same passport and same visa and entered Germany twice with this passport without any problems from German border police.
Tell you what, my friend has been driving over the speed limit nearly all his life without any problems from the traffic police. If he ever gets a speeding ticket then, he'll have a strong case to claim for compensation, especially as he's done the same in other countries as well.