A deportation order can be issued for various reasons. One of the most common grounds for that is an alert in the Schengen Information System. This alert is with the measure “Refused entry or residence.”
The refusal of admission to Bulgaria applies for a third-country national for whom one or more Member States of the Union have introduced an entry ban on his/her stay in the Schengen area. The refusal comes into force when the person presents himself/herself at a Bulgarian border crossing point.
If the person is present on the territory of the country but a prohibition notice is issued, he will be facing deportation. The person will be forcibly removed by the local authorities.
Bulgaria is a member state of the European Union and the Schengen Information System. As such the country is obligated to introduce its national bans in the form of alerts. Bulgaria has implement the bans imposed by the other EU Member States too.
In a number of cases, however, the measure of ‘refusal of entry or residence’ is imposed unlawfully. In other cases- the person is in one Member State and the measure is imposed by another. He also gets deported because state’s obligation to consult with the Member State that issued the alert is often disrespected.
All these bans and deportation orders are subject to judicial review and can be appealed in court. European Union law has many exceptions to this so a deportation appeal process could be started.
This is a matter of internal order and security of the European Union. For that reason, this area of law is very delicate and specific.
Types of deportation
There are different types of deportation- deportation for criminal conviction, deportation of illegal immigrants and others.
On the one hand, Member States impose bans and deportation orders on people to ensure their security. However it often happens that they fall into excess.
On the other hand, victims are protected from this excessiveness by EU law. Specifically, the Convention on Human Rights and Fundamental Freedoms and the case law of the EU Court of Justice.
Persons with problems of this nature should be aware that these problems are solvable. Deportation order, visa refusal, access to Bulgaria and residence refusal should be addressed in time to an immigration lawyer specializing in deportation.
Bulgaria joined the Schengen Information System on 01.08.2018, after which mass entry bans for foreigners started. Such are deportation orders, visa refusals and residence permit refusals. At that time, there was no case law yet, as these bans were something new for Bulgaria.
Our law firm “Alexandrov” is specialized in immigration law and first started removal deportation proceedings, removal defense and protection. We apply our skill and knowledge in the interests of our clients in the most professional way.
We take pride in a number of cases won in the area of unlawful deportation and entry bans in the Schengen area.
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