Osservatorio Giuridico sull'Immigrazione

New on TikTok: SIS Alert and Visa Refusal: Entry Visas Cannot Be Denied Automatically Welcome to a new episode of the podcast “Immigration Law”. I am attorney Fabio Loscerbo, and today we will discuss an increasingly important issue in European immigration law: the relationship between SIS alerts and the refusal of entry visas. Many people discover the existence of a Schengen Information System alert, the so-called SIS alert, only when an Italian consulate rejects their visa application. This frequently happens with study visas, work visas, or family reunification visas. For years, in many cases, the existence of an SIS alert was treated almost as an automatic ground for refusal. But recent case law is now changing this approach significantly. An important judgment issued by the Regional Administrative Court of Lazio, Second Bis Section, published on May 6, 2026, annulled the refusal of a study visa issued by the Italian Consulate in Istanbul against a student who had been flagged in the SIS by Greece. The Court clarified that it is not enough to generically refer to the existence of an SIS alert in order to deny a visa. The administration must instead carry out a concrete, individual, and proportionate assessment of the foreign national’s situation. The decision also refers to the recent Constitutional Court judgment number 6 of 2026, which affirmed a very important principle: an SIS alert does not automatically prevent the issuance of a residence permit or an entry visa. According to EU Regulation number 1861 of 2018, Member States must consult each other and verify whether the foreign national actually represents a current threat to public order or public security. This means that a consulate cannot simply say: “there is an SIS alert, therefore the visa is refused.” A real investigation is required. A genuine statement of reasons is required. A concrete assessment of the applicant’s personal situation is required. This is a very important development because it opens new avenues of protection for individuals whose visas were denied solely because of a Schengen alert. In the coming years, the SIS system will become increasingly central in European immigration law and in the balance between security, freedom of movement, and individual rights. Thank you for listening to this new episode of the podcast “Immigration Law”. I am attorney Fabio Loscerbo, and I will see you in the next episode.