Visa refusal and SIS alert_ the Court annuls when the administration fails to prove the grounds

Visa refusal and SIS alert: the Court annuls when the administration fails to prove the grounds Welcome to a new episode of the podcast Immigration Law.I am lawyer Fabio Loscerbo. Today we focus on a very concrete issue: the relationship between a refusal of a work visa and alerts in the Schengen Information System, known as SIS. We take as a starting point a recent judgment of the Administrative Court of Lazio, published on 19 March 2026 . The case is quite clear.A foreign worker had already obtained a work authorization — the so-called nulla osta — from the Italian authorities. Despite this, the Italian Embassy refused to issue the visa. Later, however, a crucial fact emerges: the administration itself admits that there was an error in the procedure and even starts a review process. And this is where the legal issue becomes central. The administration tries to justify the refusal by referring, in general terms, to a possible SIS alert or to procedural complications linked to the reprocessing of the work authorization. But it does not provide any concrete and documented evidence. The Court takes a very clear position: it is not enough to refer in abstract terms to the SIS system or to administrative complexity. When a visa refusal is challenged, the administration must prove, precisely and concretely, the legal grounds of the refusal. In this case, that proof is missing.Moreover, the administration remains substantially inactive, even after specific requests from the Court, and fails to counter the documented arguments of the applicant. The outcome is decisive: the Court upholds the appeal and annuls the visa refusal. This decision is important for two reasons. First: an SIS alert cannot be used as a generic justification. It must be real, verifiable, and properly applied. Second: the administration cannot admit an error and then fail to correct it. Inaction, in this context, becomes unlawful. In conclusion, this judgment reaffirms a fundamental principle: discretion in visa matters is not arbitrary power. It must always be exercised in a transparent, reasoned, and verifiable way. And when this does not happen, the Court intervenes. See you soon for a new episode of Immigration Law.Questo episodio include contenuti generati dall’IA.