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Schengen Information System Alerts: A Visa Cannot Be Refused Without Explaining Why

Schengen Information System Alerts: A Visa Cannot Be Refused Without Explaining Why

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Schengen Information System Alerts: A Visa Cannot Be Refused Without Explaining Why Welcome to a new episode of the podcast "Immigration Law". I am Attorney Fabio Loscerbo, and today we will discuss a very important judgment for anyone applying for an Italian entry visa who has been affected by an alert in the Schengen Information System, commonly known as SIS. This decision confirms a fundamental principle: the authorities cannot simply rely on the existence of a Schengen alert to refuse a visa. They must explain the specific reasons for the refusal and fully guarantee the applicant's right of defence. Today's episode focuses on a judgment of the Regional Administrative Court for Lazio, Fifth Quater Section, published on 9 June 2026, Judgment No. 10641 of the Register of Judgments, delivered in General Register Case No. 13541 of 2025. The case involved a foreign national whose application for a work visa was rejected by the Italian Consulate because of an alert entered into the Schengen Information System by the Austrian authorities. However, after the refusal, Austria removed the alert. Despite this, the Consulate refused to reconsider the visa application. The Court upheld the appeal, relying on the case law of the Court of Justice of the European Union. According to the judges, when a visa is refused because of an SIS alert issued by another Member State, the Italian authorities must clearly identify which Member State raised the objection and specify the exact reason for the refusal. Only in this way can the applicant understand the grounds for the decision and effectively exercise the right to challenge it. The judgment also establishes another important principle: an alert in the Schengen Information System does not automatically justify refusing a visa. The authorities must conduct a genuine assessment of the individual case, verify the applicant's circumstances and, where necessary, communicate with the Member State that issued the alert. The Court also referred to recent constitutional case law, which confirms that an SIS alert does not automatically prevent the issuance of a residence permit or an entry visa. Instead, every case requires an individual assessment to determine whether the applicant actually represents a threat to public order or public security. For these reasons, the Regional Administrative Court annulled the visa refusal, reaffirming that transparency, proper reasoning and the right of defence are essential guarantees even in procedures involving the Schengen Information System. I am Attorney Fabio Loscerbo. Thank you for listening to this episode of the "Immigration Law" podcast. I look forward to welcoming you to the next episode, where we will continue exploring the latest developments in immigration law and case law.








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