At a glance
Client: a national of Kosovo
Area: immigration law, administrative litigation
The problem: a five-year entry ban issued without any final conviction
Result: ban annulled, freedom of movement restored
The facts
The Romanian Border Police issued a decision banning the client from entering Romania for five years. It was issued in the context of a criminal investigation into an alleged unlawful border crossing, with no final judgment establishing that any offence had been committed.
The effect did not stop at the Romanian border. The ban later led to visa refusals in other European states, because such measures appear in shared information systems.
What we did
We attacked the basis of the measure
We challenged the decision on the ground that an entry ban cannot rest on mere suspicion, absent a final judgment, and that the facts had not been clarified before the measure was imposed.
We showed the effect was disproportionate
We weighed the five-year duration against its concrete consequences for the client's freedom of movement across the whole European area.
The outcome
The court annulled the five-year entry ban. The client can travel to Romania again and, as a result, his visa applications elsewhere are no longer blocked by that record.
What the file shows
An entry ban is not an automatic consequence of a criminal investigation. The presumption of innocence applies in immigration administrative procedures too.
A second point often overlooked: a ban issued by one member state is felt across the Schengen area, so delaying a challenge means years of restrictions in several countries.
Frequently asked questions
I have received a ban on entering Romania. Can it be annulled?
Yes. The decision is challenged before the administrative court, which reviews its legal basis, its proportionality and the facts relied on by the authority.
What is the deadline to challenge an entry ban?
The deadlines are short and run from service of the decision, usually 30 days. Challenging late severely narrows the options.
Does a Romanian ban affect visas for other countries?
Yes. The measure is visible in shared information systems, and other states' consulates take it into account when assessing applications.
Can a ban be issued while I am only under investigation?
The authority can issue one, but its soundness is reviewed by the court. The absence of a final judgment is a strong argument, as in this file.
Do I have to be in Romania for the proceedings?
No. We represent you before the court under a power of attorney, with no need to enter the country, which would in any event be impossible while the ban is in force.
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