SIS alert and Schengen: how an Austrian entry ban takes effect through the Schengen Information System and how an entry can be reviewed.
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.
An Austrian entry ban is rarely confined to Austria. Through the Schengen Information System it can take effect throughout the Schengen area and prevent travel to other member states. This article explains what an SIS alert is and what consequences it has.
Many people only learn of an alert when they are refused entry at a border. Yet it is worth clarifying early on whether an entry exists and what it is based on. Only then can it be challenged in a targeted way.
The self-check below helps you place your own situation. We then explain the effect of the alert and the ways to have it reviewed.
Answer one or two questions about the alert and its territorial scope. You will receive a first orientation on the next steps.
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An SIS alert is an entry in the Schengen Information System. It can lead to entry being refused throughout the Schengen area.
An entry ban imposed in Austria is often combined with an alert in the Schengen Information System. That is not certain in every case, however. You can request information from the competent body about whether and with what content data is stored in relation to you.
This information provides the basis for setting your further strategy. If an alert is stored, it can be examined specifically whether it is justified.
A refusal at the border is often a clear indication of an existing SIS alert. Have the reason for the refusal given to you in writing and keep all documents. From this it can be seen which authority prompted the alert.
The next step is to challenge the underlying measure or to obtain deletion of the alert. Both require that the exact content of the entry is known.
If the entry ban takes effect throughout the Schengen area via the SIS alert, it concerns travel to all participating states. A successful appeal against the Austrian entry ban can lead to the alert having to be deleted as well. The lever therefore usually lies with the underlying decision.
Check whether the conditions for the alert still apply. If the circumstances have changed, an application to lift or shorten it comes into consideration.
Where entry into Austria is at the forefront, the Austrian decision is the central point of attack. Examine the reasoning of the entry ban and the duration set. Even if the focus is on Austria, it should always be borne in mind that an alert can take effect beyond it.
An appeal against the decision filed in time is the most direct route. It also affects any alert connected with it.
As long as it is unclear whether and how far an alert reaches, the basis for a targeted strategy is missing. Request information about the data stored in relation to you. This tells you which authority prompted the entry and what it is based on.
With this information it can be assessed whether the alert is lawful and which steps make sense. A careful review of the individual case provides clarity.
The Schengen Information System is a shared database of the Schengen states. If an alert for refusal of entry is entered in relation to a person, that person can be refused entry throughout the Schengen area. An Austrian entry ban often forms the basis for such an entry. What an alert is exactly is explained in the glossary entry on the SIS alert.
The effect therefore reaches beyond Austria. A person with an Austrian entry ban can also be refused entry in other member states. Which states belong to the Schengen area and how it works is summarised in the entry on the Schengen area.
The link between decision and alert is important. If the underlying entry ban is removed, the basis for the alert generally falls away as well.
The first step is information about the data stored in relation to you. It shows whether an entry exists, which authority prompted it and what it is based on. Only on this basis can it be assessed whether the alert is lawful.
The second step is directed against the underlying measure. Often this is an appeal against the Austrian entry ban within the appeal deadline. If the decision was not lawful or the circumstances have changed, deletion or correction of the entry can also be requested.
How these steps connect is dealt with on the focus page on Schengen and the SIS alert.
Information first: Before you plan further steps, you should know what is actually stored. Information about the data entered in relation to you is the basis for every further decision. If anything is unclear, an initial consultation (72 euros) helps.
An Austrian entry ban can take effect throughout the Schengen area via an SIS alert. Through the shared database the entry becomes visible to all Schengen states and can lead to entry being refused. Whether an alert exists in an individual case can be clarified through a request for information.
You can request information from the competent body about the data stored in relation to you. From this it follows whether an entry exists, which authority prompted it and what it is based on. This information is the basis for every further decision.
An alert can be deleted or corrected if the conditions are not or no longer met. If the underlying entry ban is removed through an appeal, the basis for the alert generally falls away as well. In addition, a separate application for deletion or correction comes into consideration.
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