Senior lawyer
Lawyer practicing international migration. Specializes in issues of migration law - paperwork on the territory of Ukraine and the countries of the European Union (Romania, Hungary, Spain, Czech Republic).
Case: Deletion of entry ban data from the Schengen Information System SIS
The Client contacted us with a request to assist in the removal of data on the ban on entry into the EU from the Schengen Information System (SIS). The ban was imposed by the Polish authorities in 2019. Despite the fact that the period of validity of the restriction had already expired, the entry remained in the SIS system, which created difficulties when crossing the borders of the Schengen area countries. This caused significant discomfort for the Client, as during her attempt to enter the EU countries she was repeatedly stopped for inspection, which caused delays and additional questions from the border services.
Situation analysis and preparation of a request to the SIS system
For a detailed analysis of the situation, the Client provided relevant documents regarding the ban. We carefully studied the materials provided and found out that, although the period of validity of the ban itself had expired, the entry in the SIS was not automatically deleted, which is a fairly common problem. In such cases, it is necessary to initiate a legal procedure for the official deletion of information.
After that, we signed an official mandate with the Client and prepared a request to the Polish court. The main purpose of this request was to confirm the absence of claims from the Polish authorities, as well as to verify the payment of all imposed fines. We substantiated our request in detail, referring to the relevant legal provisions and international agreements on the storage and deletion of personal data in SIS.
Court response and further actions
After some time, we received an official response from the Polish court, which confirmed that the Client had no unpaid fines or other claims from the Polish authorities. This became a key point in our further process. We prepared a new request to the responsible authorities administering the SIS system, demanding the deletion of the record on the basis of the absence of valid grounds for restrictions.
The request was drawn up in accordance with the requirements of European law and contained copies of documents received from the court, confirming the absence of legal grounds for further storage of information about the Client in SIS. We also emphasized that the presence of an unjustified entry in the system violates our Client’s right to free movement within the European Union.
Positive result
As a result of our appeal, we received official confirmation that the Client’s data had been deleted from the SIS system. This meant that she no longer had any restrictions on crossing the borders of the Schengen area. Importantly, this process not only helped the Client, but also set a precedent for other individuals who may encounter a similar situation.
This case demonstrates the effectiveness of legal mechanisms for removing outdated restrictions in the SIS databases, which can affect the freedom of movement of individuals even after the ban has expired. Thanks to the correct algorithm of actions and timely appeals to the relevant authorities, it is possible to successfully protect the rights and interests of citizens in the international legal field.
Fill out the form on the website and our lawyer will contact you shortly to provide detailed advice on the ban on entry to the Schengen zone.
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