Ban on entry to Schengen countries lifted
By the decision of the Migration Department, the foreigner was prohibited from entering the Republic of Lithuania and other Schengen area states for 5 years from the date of the decision. However, in court, we managed to prove that the ban on a foreigner entering and residing in the Schengen area states is unjustified and disproportionate.
2025-05-14 The Supreme Administrative Court of Lithuania annulled the ban imposed on our client by the Migration Department to enter and reside in the Schengen area countries for 5 years, agreeing with the arguments of our appeal. The court clarified that the decision to prohibit a third-country citizen from entering the Republic of Lithuania for a certain period of time should not become an automatic basis for entering an alert into the second generation Schengen Information System. Before such an alert is issued, it is the responsibility of the competent authorities to determine whether the case is adequate, relevant and sufficiently important to justify the introduction of an alert in the light of its impact on the rights of the person concerned and to provide arguments in support thereof.
The court agreed with our arguments that in this case the decision of the Migration Department did not contain any reasoning regarding the proportionality of the alert introduced into the Schengen Information System, which is based on the individual assessment of the applicant, which includes the assessment of the personal circumstances of the third-country national (including family and economic ties) and the consequences of the prohibition of entry and residence. As a result, the ban on entry and residence in the countries of the Schengen area has been lifted.
In this case, the client was represented by Dr.
Leonardas Žukauskas, an attorney at the law firm of Lithuanian Legal.