Foreigners and Immigration Law: Questions and Answers

As a rule, an action may be brought before the administrative court against a deportation decision within seven days of notification; administrative detention is a separate subject of judicial recourse.

Article 53 of Law No. 6458 regulates the special procedure for bringing an action against a deportation decision. This period differs from the general time limit for bringing an administrative action. The underlying acts relied on in the decision, its written reasoning, the time of notification and the procedure for translation and information must be examined. International protection, the principle of non-refoulement, family life, health condition and other special grounds for protection are assessed separately. If an action has been brought against the decision, it is important that the relevant administration be informed of the application. Subject to the foreigner’s consent, the deportation measure cannot, as a rule, be carried out during the period for bringing an action and, if an action is brought, until the proceedings are concluded. An action against a deportation decision and a request for the lifting of administrative detention in a removal center are directed to different authorities; one application does not replace the other. Because delay may have consequences that are difficult to remedy, the actual notification document should be taken as the basis.

An application may be made to the criminal judgeship of peace (sulh ceza hâkimliği) against an administrative detention decision; this route is separate from the action brought before the administrative court against a deportation decision.

Article 57 of Law No. 6458 regulates the basis for administrative detention, its extension, its periodic review and the safeguards of application. Under the Law, the criminal judge of peace concludes the application within five days; this period is not a time limit for objection granted to the applicant. Making an application does not by itself terminate administrative detention. The specific grounds for administrative detention, the risk of absconding, the establishment of identity, health condition, family ties and the adequacy of alternative obligations under Article 57/A must be examined. Difficulties experienced with regard to meeting a lawyer, language support and access to decisions should also be documented. If the conditions for continuing detention have changed, a re-assessment may be requested.

An entry ban and a restriction code can be assessed only by examining the underlying administrative act, the reason for the record, its duration and the status of the person concerned.

The provisions of Law No. 6458 on the entry ban for Türkiye are decisive as to the reason for and the scope of the ban. That a restriction code takes the form of a letter or a number does not in itself prove for which act the person has been restricted. It is necessary to obtain the act and the reasons for the record from the relevant administration and to examine the notifications and any earlier deportation decisions. Overstaying a visa or residence period, a public order assessment and other restrictions are subject to different legal regimes. An annulment action, an administrative application, the lifting of the ban or the possibility of exceptional permission are researched according to the current status. In applications, the security and confidentiality of personal data must be observed.

The special rules and exceptions in Article 53 of Law No. 6458 must be assessed.

The effects of bringing the action, the principle of non-refoulement, the grounds of the restriction and any possible non-refoulement application are examined together. The current text should be checked with regard to its application and the date of the act, and one should not rely on the general rules of administrative litigation alone.

There are statutory safeguards regarding access to defense and legal representation.

The written notice of the removal center, the grounds for continuing administrative detention, health and family circumstances and the procedure for applying to the criminal judgeship of peace should be assessed. An objection to administrative detention is separate from the action against the deportation decision.

The legal basis, start date and duration of the ban should be established first.

Passport entry and exit records, visa or residence violations, administrative fines and any restriction code are examined. The conditions of routes such as an administrative objection, an annulment action and a visa with explanatory notes differ.