Checking the SIS alert: when there is a right to correction and deletion, how the consultation procedure works and what role the duration under section 53 FPG plays.
Mag. Mirela Saric
Attorney at law · German and BCS
Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.
Anyone who receives an entry ban is often also entered in the Schengen Information System as an alert for refusal of entry. This entry takes effect beyond the Austrian border and frequently becomes noticeable only at another border or when applying for a visa. All the more important is the question of whether the entry is correct and how it can be checked.
Those affected are not left without recourse regarding the stored data. There is a right to information, a right to correction of incorrect data and a right to deletion of unlawfully stored data. These rights apply regardless of whether the underlying entry ban is challenged at the same time.
The short self-check below helps you place your own situation. We then explain when a correction or deletion is available and how the consultation procedure between the states works.
Answer one or two questions about the entry and the underlying ban. You will receive a first orientation on the next steps.
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An alert for refusal of entry often becomes visible only at the border or when applying for a visa. The starting point for any correction is the question of which entry actually exists.
If the entry ban lawfully exists and the entry is correct in substance, the alert follows the domestic decision. A correction is then not available as long as the ban continues. Anyone seeking a reduction starts with the ban itself, not with the entry.
As soon as the entry ban is lifted or shortened under the requirements of section 60 FPG, the alert must be adjusted as well. Keep the ban and the entry in view together.
If the entry ban has been lifted or has expired, the alert for refusal of entry should no longer remain. The issuing authority is required to delete the entry once the reason has ceased. In practice an entry sometimes remains even though the ban has already ceased.
Check whether the lifting or reduction under section 60 FPG has already been implemented and whether deletion in the system has been arranged. Evidence of the ban having ceased is helpful here.
If the stored data are incorrect, for example because the name, date of birth or duration is wrong or there is a mix-up, there is a right to correction. You can demand that incorrect data be put right and that unlawfully stored data be deleted. A precise description of the error makes the review easier.
Note which entry exactly is wrong and what the correct entry would be. Documents such as your passport or the Austrian decision support the request for correction.
If the alert became visible only at the border or when applying for a visa, it should first be clarified which authority caused the entry and what it is based on. You have the right to obtain information about the data stored about you. Only with this information can it be assessed whether a correction or deletion is available.
If the entry is linked to an Austrian entry ban, it is worth looking at the decision and its duration. From this it follows whether the entry tracks the decision.
An alert for refusal of entry stores the information that a person should be refused entry and residence. As a rule it follows a national entry ban and makes it visible to the authorities of the other Schengen states. The duration of the entry is guided by the duration of the entry ban set under section 53 FPG.
The entry is not a separate decision but reflects the domestic decision. As long as the entry ban exists and is recorded correctly, the alert remains in place. The entry on the SIS alert explains more about how it works.
Because the entry takes effect beyond the national border, a faulty record affects freedom of movement throughout the network. Checking its accuracy is therefore worthwhile regardless of the proceedings against the entry ban itself.
If the stored data are incorrect, there is a right to correction. Where an entry is wrong or there is a mix-up, you can demand that the data be put right. Unlawfully stored data are to be deleted. The requirement is that the error or the ceasing of the ban can be set out in a comprehensible way.
If another state wishes to grant a residence title despite an existing alert, a consultation procedure between the states involved is provided for. It examines whether the entry stands in the way of the grant. Where the entry ban has been lifted or shortened under section 60 FPG, the entry is to be adjusted or deleted accordingly.
Anyone seeking a correction should keep the Austrian decision and the duration of the ban in view. Deeper orientation is provided by the focus page on Schengen and the SIS alert.
Important: An entry sometimes remains even though the entry ban has already been lifted or expired. Do not rely on deletion happening by itself. Anyone with doubts about the accuracy should have the entry checked specifically and arrange an initial consultation (72 euros).
Yes, there is a right to information about the data stored about you. With this information you can check which authority caused the alert and what it is based on. Only on this basis can it be assessed whether a correction or deletion is available.
An alert should be deleted once the reason for the entry ceases. That is the case when the entry ban expires or is lifted under section 60 FPG. Independently of this, data stored incorrectly or unlawfully are to be corrected or deleted.
If another Schengen state wishes to grant a residence title despite an existing alert, a consultation procedure between the states involved is provided for. It coordinates whether the entry stands in the way of the grant. The outcome depends on the individual case and on the reasoning behind the entry.
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