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Illegal Entry By Spain In The Schengen Information System - Travel - Nairaland

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Nigerian Faces 5 Years Imprisonment For Attempting Illegal Entry Into U.S / Nigerian Citizen Gagged And Killed By Spain / Nigerian Citizen Gagged And Killed By Spain (2) (3) (4)

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Illegal Entry By Spain In The Schengen Information System by jonilo4lov: 10:10pm On Jan 30, 2012
I have been victimized by the spanish authority,  I dont know the kind of hatred they have for Nigerians, 

But I have never been to spain or near its border. I have 2 schengen visa on my passport,  for Poland and Germany.

recently I applied for a german visa but was denied for the following reason:

"An alert has been issued in the Schengen Information System (SIS) for the purpose of refusing entry by Spain (indication of Member State)"

The fact remains that I have never travelled or transited through Spain. Since the last visa issued by the German consulate in Lagos, I have only travelled to Bangkok, Thailand. How could my name be in the SIS system if I did not use the last schengen visa issued by the German consulate because of my final thesis?

This information has been wrongly placed in the SIS system or interpreted. ? I am a law abiding citizen and has never committed any crime or involved in any. I have exercised my right by requesting for the information stored in the SIS but got no response from the german embassy or most particularly the spanish data protection agency who are in charge.

I only got a response from europian commission which I copied,

Below was the reply I got from the european commission.

Dear Mr Okocha,
>
>With regard to your question (our reference: Ares(2012)17637) concerning a refusal for a Schengen visa due to a SIS alert for refusal of entry entered by the Spanish authorities, please note the following:
>SIS was established as an inter-governmental initiative under the Schengen Convention, now integrated in the EU framework. This system is managed by the Schengen States and the Council of the European Union assumes overall responsibility for this system.
>
>The Schengen Member States are responsible for entering alerts into SIS, in accordance with the provisions of the Convention implementing the Schengen Agreement (Schengen Convention) and related provisions of national law (Articles 92, 94 and 108 of the Schengen Convention). The Member States are also responsible for ensuring that the data entered into SIS is accurate, up-to-date and lawful (Article 105 Schengen Convention).
>
>Please note that the Schengen Convention includes provisions on the right of persons to request access to personal data concerning them that have been entered in the SIS (Article 109) and the possibility for a person to have factually inaccurate data relating to him corrected or unlawfully stored information relating to him/her deleted (Article 110). These rights shall be exercised in accordance with national law.
>
>We therefore advise you to contact the Spanish Data Protection authorities, for further information:
>Agencia de Protección de Datos
>
>C/Jorge Juan, 6
>28001 Madrid
>Tel. +34 91399 6200; Fax +34 91455 5699
>e-mail: internacional@agpd.es
>
>Best regards,
>
>Nicola-Elizabeth Morris
>European Commission
>DG HOME C2
>Tel : +32 2 2984596
>e-mail : nicola-elizabeth.morris@ec.europa.eu

I need help to solve this issue with the spanish authority,  and I also have the right to request for compensation if the information has been wrongly placed.

I am very positive and sure it is illegal to put this alert,  on me.

Please any advice on how to go about this,

I intend filling a case to the european supreme court since I got no response from spain,
I also want to contact Nigerian embassy in spain,  do you think this is wise,

look forward to your support and assistance. If you want any proof or question please ask I will be happy to confirm it.

The spanish authority has for so long accused and harass so many Nigerians illegally on immigration issues,  and this time they are wrong,

I want them to pay,

Jonathan Okocha,
Re: Illegal Entry By Spain In The Schengen Information System by Vicjustice: 11:26pm On Jan 30, 2012
jonilo4lov:

I have been victimized by the spanish authority,  I dont know the kind of hatred they have for Nigerians, 

But I have never been to spain or near its border. I have 2 schengen visa on my passport,  for Poland and Germany.

recently I applied for a german visa but was denied for the following reason:

"An alert has been issued in the Schengen Information System (SIS) for the purpose of refusing entry by Spain (indication of Member State)"

The fact remains that I have never travelled or transited through Spain. Since the last visa issued by the German consulate in Lagos, I have only travelled to Bangkok, Thailand. How could my name be in the SIS system if I did not use the last schengen visa issued by the German consulate because of my final thesis?

This information has been wrongly placed in the SIS system or interpreted. ? I am a law abiding citizen and has never committed any crime or involved in any. I have exercised my right by requesting for the information stored in the SIS but got no response from the german embassy or most particularly the spanish data protection agency who are in charge.

I only got a response from europian commission which I copied,

Below was the reply I got from the european commission.

Dear Mr Okocha,
>
>With regard to your question (our reference: Ares(2012)17637) concerning a refusal for a Schengen visa due to a SIS alert for refusal of entry entered by the Spanish authorities, please note the following:
>SIS was established as an inter-governmental initiative under the Schengen Convention, now integrated in the EU framework. This system is managed by the Schengen States and the Council of the European Union assumes overall responsibility for this system.
>
>The Schengen Member States are responsible for entering alerts into SIS, in accordance with the provisions of the Convention implementing the Schengen Agreement (Schengen Convention) and related provisions of national law (Articles 92, 94 and 108 of the Schengen Convention). The Member States are also responsible for ensuring that the data entered into SIS is accurate, up-to-date and lawful (Article 105 Schengen Convention).
>
>Please note that the Schengen Convention includes provisions on the right of persons to request access to personal data concerning them that have been entered in the SIS (Article 109) and the possibility for a person to have factually inaccurate data relating to him corrected or unlawfully stored information relating to him/her deleted (Article 110). These rights shall be exercised in accordance with national law.
>
>We therefore advise you to contact the Spanish Data Protection authorities, for further information:
>Agencia de Protección de Datos
>
>C/Jorge Juan, 6
>28001 Madrid
>Tel. +34 91399 6200; Fax +34 91455 5699
>e-mail: internacional@agpd.es
>
>Best regards,
>
>Nicola-Elizabeth Morris
>European Commission
>DG HOME C2
>Tel : +32 2 2984596
>e-mail : nicola-elizabeth.morris@ec.europa.eu

I need help to solve this issue with the spanish authority,  and I also have the right to request for compensation if the information has been wrongly placed.

I am very positive and sure it is illegal to put this alert,  on me.

Please any advice on how to go about this,

I intend filling a case to the european supreme court since I got no response from spain,
I also want to contact Nigerian embassy in spain,  do you think this is wise,

look forward to your support and assistance. If you want any proof or question please ask I will be happy to confirm it.

The spanish authority has for so long accused and harass so many Nigerians illegally on immigration issues,  and this time they are wrong,

I want them to pay,

Jonathan Okocha,
   Either someone used your travel document, or they are mistaking you for another person bearing similar names with you: and they might not have paid keen observation to the dates of birth since they are aware that Nigerians date of birth can be altered and therefore are not reliable
Re: Illegal Entry By Spain In The Schengen Information System by jonilo4lov: 12:30am On Jan 31, 2012
Ok,

Either someone used your travel document, or they are mistaking you for another person bearing similar names with you: and they might not have paid keen observation to the dates of birth since they are aware that Nigerians date of birth can be altered and therefore are not reliable

This are the posibilities, But What do I do as no one has used my passport or travelled with it.

Vicjustice,,, How do I solve this problem, I might not be able to travel to any Schengen state including UK or Ireland.

thanks
Re: Illegal Entry By Spain In The Schengen Information System by dancewith: 8:10am On Jan 31, 2012
I think you need to write officially to the Spanish authourities. Use a lawyer. inform them of the error and invite them to investigate it thoroughly. copy the relevant Nigerian authourities as well. Give detailed explanation of the possible error
Re: Illegal Entry By Spain In The Schengen Information System by Vicjustice: 9:21am On Jan 31, 2012
dancewith:

I think you need to write officially to the Spanish authourities. Use a lawyer. inform them of the error and invite them to investigate it thoroughly. copy the relevant Nigerian authourities as well. Give detailed explanation of the possible error
   Agreed.

@ Jonilo4lov.
   Unfortunately, this is going to be an uphill battle since your protests are likely going to fall on deaf ears: Therefore, you really can't resolve this on your own, you would need the services of an immigration solicitor from Spain to plead your case; and yet, your success can not be guaranteed
Re: Illegal Entry By Spain In The Schengen Information System by DisGuy: 12:12pm On Jan 31, 2012
>Please note that the Schengen Convention includes provisions on the right of persons to request access to personal data concerning them that have been entered in the SIS (Article 109) and the possibility for a person to have factually inaccurate data relating to him corrected or unlawfully stored information relating to him/her deleted (Article 110). These rights shall be exercised in accordance with national law.
>
>We therefore advise you to contact the Spanish Data Protection authorities, for further information:
>Agencia de Protección de Datos

Use a lawyer preferable from spain or a schengen country; write to them, copy the nigerian embassy in spain, the EU commission that replied you, the spanish embassy in nigeria, human right organisation, and everybody you can CC them grin
Re: Illegal Entry By Spain In The Schengen Information System by DisGuy: 12:15pm On Jan 31, 2012


The spanish authority has for so long accused and harass so many Nigerians illegally on immigration issues, and this time they are wrong,

and you have not dealt with them before. . . .
Re: Illegal Entry By Spain In The Schengen Information System by ceez: 2:38pm On Jan 31, 2012
@ jonilo4lov,

If someone hadn't used your doc over the border of Spain then we would hope they don't have same data on your passport and that it's an e-passport so you could go far fighting this. Spanish authority has a considerate immigration service so you'd be able to clear this mix up. I'd advice you use a Spanish immigration lawyer and a spanish contact who would act as your point of correspondence and push them to be faster and more serious where necessary. If you don't have any, I could write you some contact info of a few lawyers but I can't promise to follow it for you so you must find someone in Spain who would.
Re: Illegal Entry By Spain In The Schengen Information System by Davedavy: 6:51pm On Jan 31, 2012
.
Re: Illegal Entry By Spain In The Schengen Information System by jonilo4lov: 12:26am On Feb 01, 2012
Thank you, I really appreciate everyone's effort especially those who had made comment about this situation and possible solution.

I actually appealed for my visa refusal through the German Consulate.

I also have officially sent an email to the spanish data protection authority.

I decided to post this my situation here so I can get solution to my problem.

@ Dis Guy,
and you have not dealt with them before. .

Yes I have not.

@Ceez

If someone hadn't used your doc over the border of Spain then we would hope they don't have same data on your passport and that it's an e-passport so you could go far fighting this. Spanish authority has a considerate immigration service so you'd be able to clear this mix up. I'd advice you use a Spanish immigration lawyer and a spanish contact who would act as your point of correspondence and push them to be faster and more serious where necessary. If you don't have any, I could write you some contact info of a few lawyers but I can't promise to follow it for you so you must find someone in Spain who would.

Yes Its an e-passport. And nobody has used my passport over spanish border not even me.

If you have any spanish lawyer contact please send to: jonilo4love1@yahoo.com


I got a response regarding my case from the spanish authority today, I dont know if is because of my posting this problem in many problem recently or here. Maybe is goodnews but will still keep you guys posted,

see the mail below.

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

From: Manuel García Sánchez
To: jonathan.okocha@iaeste.org
Cc: internacional@agpd.es, secretariat.jsa@consilium.europa.eu
1 Attachment


Your request of access
Tue, Jan 31, 2012 5:12 AM EST
View full HTML message


Dear Mr. Okocha,



In reference to your e-mail dated 6 January 2012 requesting access to the
Schengen Information System pursuant to the provisions set forth in articles
109 and 110 of the Convene for Implementation of the Schengen Agreement, I
would like to inform you the following:



a) According to the Spanish legislation on the issue, we have forwarded
your request to the Ministry of Interior (Secretary of State for Security),
competent authority for managing your request. They will contact you in
order to provide the information requested. In that regard, we have also
sent the documents attached to your e-mail. It would be quite useful to
speed up the procedure if you could send your postal address details.

b) I would also like to inform you about the procedure to be followed
in case of possible mistaken identity: you should go to an Spanish consulate
in your country in order to give them proof of identity. The Consulate will
send the information to the Ministry of Interior (Secretary of State for
Security) who, after appropriate checks, will issue a final resolution that
will be made available to you in due time.

c) You should be aware of your right to lodge a claim with the Spanish
Data Protection Authority if the competent authority fails in attending your
request for access or when the answer provided is not satisfactory.



You will find attached to this message a copy of the guide for exercising
the right of access to the Schengen Information System, including detailed
information about the applicable procedures in Spain in page 59 and on.
Please also find below a link with information about the Spanish General
Consulate in Nigeria.



http://www.maec.es/subwebs/Consulados/Lagos/en/home/Paginas/home_encglagos.aspx



Please do not hesitate to contact us for further information or
clarification on the issue.



Kind regards,



Manuel García

Manuel García

International Affairs
Spanish Data Protection Agency

C/Jorge Juan, 6, 28001-Madrid

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

Is this progress, Should I will wait for the response first, before anything else,

Whats do you guys think,
Re: Illegal Entry By Spain In The Schengen Information System by kennybuda: 2:57pm On Feb 02, 2012
Everything is computrized in europe, if someone has use your document or faked ur information your finger print will prove it period
Re: Illegal Entry By Spain In The Schengen Information System by DisGuy: 3:45pm On Feb 02, 2012
Is this progress, Should I will wait for the response first,  before anything else,

Whats do you guys think

here

b) I would also like to inform you about the procedure to be followed
in case of possible mistaken identity: you should go to an Spanish consulate
in your country in order to give them proof of identity. The Consulate will
send the information to the Ministry of Interior (Secretary of State for
Security) who, after appropriate checks, will issue a final resolution that
will be made available to you in due time.
[/b]c) [b]You should be aware of your right to lodge a claim with the Spanish
Data Protection Authority if the competent authority fails in attending your
request for access or when the answer provided is not satisfactory.



You will find attached to this message a copy of the guide for exercising
the right of access to the Schengen Information System, including detailed
information about the applicable procedures in Spain in page 59 and on
.
Please also find below a link with information about the Spanish General
Consulate in Nigeria.
Re: Illegal Entry By Spain In The Schengen Information System by iyke20024(m): 8:10am On Oct 23, 2012
Hello peeps.

Thanks for your help.

The last mail I sent..............

Dear Manuel García,

Since you last mail I have not recieve any response or feedback from the
Ministry of Interior (Secretary of State for Security) about my problem or
request for access of information which I strongly believe is wrongly stored
in the SIS about me.

This is fustrating. In few months from now, I have to go for an internship
in Switzerland which is a member of the Shengen state. I guess this is very
difficult now.

Last month, I have to miss an important conference I attend every year just
for this same reason.

Do I have to contact the spanish embassy in Nigeria now about it or just
lodge my complaain formally now with the spanish Data Protection Agency?

It is so easy to include names in the SIS but difficult to give any reason
and enlist.

If this issue cannot be resolve before the end of March, I will have to take
legal action against Spain for violating my right.

I have never travelled to spain or transited through spain. Since the last
Visa issued to me by the german consulate in lagos, I have not travelled to
any european country. My passport is an e-passport and I believe I can not
share the same thumb print if it is a mistaken identity.

You will recall I applied for a visa to Germany December 9th, 2011, but was
refused entry because my name was included in the SIS by Spain.

I have requested access to this information, but got no response till then.

I copied the spanish embassy now on this mail.

Whatever can be done, please act fast so I dont miss my graduate training. I
dont see any encouragement for individuals who like to travel legally and
return to their country of residence.

Regards
Okocha Jonathan
Person in Charge
IAESTE NigeriaUB
jonathan.okocha@iaeste.org
www.iaeste.org


;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

there response..............

Dear Mr Okocha,

In reference to your e-mail dated 23 February 2012 related to your request
of access to the Schengen Information System, I would like to inform you the
following:

a) This Agency has requested to the competent authority information about
the status of your inquiry. As a result, we have been provided with the
following information:

I. An alert exists in the Schengen Information System related to Mr Jonathan
Okocha. The alert issued is an article 96 alert for the purpose of refusing
entry to the Schengen Area.
II. After checking the documentation provided by Mr Okocha, the competent
authority concludes that it may be a case of identity theft. In that sense,
information has been submitted to all the Schengen states reporting about
this situation, with special emphasis to the fact that the alert is not
related to Mr. Jonathan Okocha, born 16 SEP 1984, with Nigerian passport
NGA A00160795.
III. In this context, the competent authority has requested to the authority
issuing the alert to examine, considering the facts and the evidence, the
possibility for removing the alert.

b) You should be aware of your right to lodge a claim with the Spanish
Data Protection Authority if you consider that the answer provided is not
satisfactory.

Please, do not hesitate to contact us for further information or
clarifications on the issue.

Kind regards,

Manuel García

'''''''''''''''''''''''''''''

is his a solved case and should i still contact them to be sure its removed now.
Re: Illegal Entry By Spain In The Schengen Information System by Joe980: 3:45pm On Oct 23, 2012
^^^I feel it's cool you contact them before applying.
Re: Illegal Entry By Spain In The Schengen Information System by Talk2naija(m): 11:34pm On Oct 24, 2012
First of all, I will asked some questions,how doid u get ur schegen visa? Did you apply by yourself? Look deep into things before you stand up and fight okay!
Re: Illegal Entry By Spain In The Schengen Information System by iyke20024(m): 5:49am On Oct 25, 2012
Hi
All application has been done myself. no problem with that.
Re: Illegal Entry By Spain In The Schengen Information System by tejidike(m): 11:42pm On Jan 10, 2013
please can i know how to check a fake or original schengen visa online? i need to know asap please

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