A foreign national’s inability to pay a lawyer’s fee must not in practice prevent him or her from exercising the right to challenge a deportation or detention decision. However, the assignment of a lawyer by the bar association and a court’s decision granting legal aid for court fees and litigation costs are not the same process. The interpreter, the power of attorney and the time limit for filing suit are also addressed separately. In particular, in the seven-day deportation action, waiting for the outcome of a legal aid application does not by itself stop the running of the period.[1–4]
In the first review of the file, three questions should be answered together: For which decision is legal assistance being requested, when does the application period expire, and what prevents the person from communicating securely with a lawyer? The answers to these questions allow a more concrete application to be prepared than a general request for a “free lawyer.”
How is bar association legal aid distinguished from court legal aid?
Bar association legal aid enables a person with insufficient financial means to gain access to legal services. Legal aid requested from the court, on the other hand, may produce consequences such as temporary exemption from litigation and enforcement costs, exemption from security, and payment of the necessary costs by the State as an advance. The Code of Civil Procedure (HMK) also regulates the assignment of a lawyer by the bar association at the court’s request. Although the application routes are connected with one another, their decisions and scopes are separate.[2–4]
| Need | Where to apply | What determines the scope |
|---|---|---|
| Legal services | The legal aid office of the relevant bar association | Financial situation, nature of the request and scope of the assignment |
| Court fees and litigation costs | The court that will hear the case or the matter concerned | The conditions in the HMK that the person is unable to pay and the claim is not clearly unfounded |
| Interpretation in a migration interview | The competent unit conducting the procedure | The applicable special law and the language support requested |
| Interpretation in communication with the lawyer | The bar association and appropriate support mechanisms | Determining the need, the assignment and the expense in due form |
A bar association’s appointment of a lawyer does not mean that all litigation costs are automatically waived. Conversely, a court’s decision exempting the person from fees does not provide unlimited legal services for every administrative act. In the application petition, the need for a lawyer, the fees and costs, and the need for interpretation should be clearly separated.
Under what conditions can foreign nationals request legal aid?
HMK Art. 334 is based on the person being unable to pay the necessary costs, in part or in full, without substantially jeopardizing the livelihood of himself or herself and his or her family, and on the claim not being clearly unfounded. For legal aid in administrative justice, the cross-reference made by Article 31 of the Administrative Procedure Law (İYUK) is taken into account. The legal claim advanced and the financial inability must be explained together.[2, 5]
Income, social security, dependents, rent and necessary health expenses are shown by documents according to the state of the file. Obstacles such as being held in a removal centre, being unable to access documents or being unable to use e-Devlet should be stated separately. Being unable to submit a document is not the same as leaving an application incomplete without explaining why that document could not be submitted.
With the 2024 amendment, a standard form and supporting documents were regulated in the Legal Aid Regulation of the Union of Turkish Bar Associations (TBB). For applicants who are legally unable to obtain the required documents through e-Devlet, provision was also made for the bar association’s board of directors to modify the documents requested. This possibility makes it particularly important to explain the situation of foreign nationals who have identity and digital access problems.[3]
Special safeguards for legal representation in the YUKK
Article 57(7) of the Law on Foreigners and International Protection (YUKK) regulates the provision of legal services, upon request and in accordance with the legal aid provisions, to a person who has applied to the courts against an administrative detention measure and cannot pay a lawyer’s fee. Article 81(2) provides legal assistance to international protection applicants and status holders in their applications before the courts concerning the measures within the scope of the relevant part.[1]
These provisions should not be extended to mean that every foreign national is unconditionally represented free of charge in every administrative act. The decision to which the application relates, the person’s status, financial situation and the scope of the request must be determined. It is not correct to present deportation, restriction codes, residence refusal, detention and international protection measures as a single legal process.
What is the reciprocity requirement and what is the approach of the Constitutional Court?
HMK Art. 334(3) contains a reciprocity requirement for foreign nationals to benefit from legal aid. In addition, YUKK Art. 88 exempts persons who hold international protection status, and Art. 51 exempts holders of a Stateless Person Identity Document, from the reciprocity requirement. It should not be assumed that an applicant and a status holder are the same; the type of document in hand and the applicable international conventions must be examined separately.[1–2]
This issue was addressed concretely in the Plenary Assembly of the Constitutional Court (Anayasa Mahkemesi) decision Mohamma Salem Pashto and Nazı Salem, Application No. 2019/26339, dated 17.05.2023. The applicants, Afghan nationals, requested legal aid in a compensation action they had filed over the death of their son, documenting that they could not pay the costs; their request was rejected on the ground that there was no reciprocity. The Constitutional Court found it problematic, from the standpoint of the right of access to a court, that a categorical approach had been applied without assessing the persons’ status and their ability to pay.[6, §§72–82]
The decision shows that courts must also investigate exemptions relating to international protection status and applicable conventions. The Constitutional Court indicated the route of retrial and decided that the Grand National Assembly of Türkiye (TBMM) be notified of the problem arising from the law. This individual application decision cannot be presented as meaning that HMK Art. 334(3) has itself been removed from the text or that legal aid will be granted to all foreign nationals in every file.[6, §§84–87]
The practical consequence of the decision for a migration file is that an application should not be content with stating nationality alone. The protection status, the stateless person document, the ability to pay, the size of the expense and the applicable international instruments should be clearly shown. The case in the decision is a compensation action before a consumer court; it is not a decision on the merits of a deportation order.
How should the assignment of a lawyer be followed when the filing period is short?
Against a deportation decision, under YUKK Art. 53, an application is made to the administrative court within seven days of notification. Applying to the bar association, a non-governmental organization or an information line does not by itself stop this period. A copy of the decision and of the notification should be attached to the legal aid request; the last day and, if any, the risk of imminent removal should be clearly stated.[1]
The TBB Legal Aid Regulation provides for urgent assignment in applications where the time that will pass for the assignment would lead to loss of a right or to damage that cannot be remedied. Such a request should not be left like an application waiting in the general queue. Where the person is held, the means of communication, the need for an interpreter and the existing documents should be conveyed to the unit that will make the assignment.[3, Art. 6]
For example, a single application may not be sufficient for deportation and detention decisions notified on the same day. Annulment of the deportation decision proceeds before the administrative court; review of detention that restricts liberty proceeds before the criminal judgeship of peace (sulh ceza hâkimliği) under the relevant YUKK provision. The appointment of a lawyer in one case does not mean that there is representation for the other act without examining the scope of the assignment.
Access to a lawyer and a notary in a removal centre
YUKK Art. 59 regulates ensuring that a person held in a removal centre can reach and meet with relatives, a notary, a legal representative and a lawyer. Art. 68 also contains the relevant safeguards for meetings in the detention of international protection applicants. It matters as much that the meeting can actually take place as that these rights are recognized on paper.[1]
The date of the meeting request, the unit to which it was conveyed, the response given and the reason for the obstacle should be recorded. The lawyer’s requests to examine the file and obtain copies are handled together with the status of the power of attorney and the relevant procedural rules. In a legal meeting requiring confidentiality, relying on another detainee who happens to speak Turkish is not in every case an appropriate interpretation solution.
When an access problem arises, it should not be assumed that the running filing period is automatically extended. The obstacle should be explained in the relevant application or suit; the meeting, the copy of documents, the interpreter and, if necessary, urgent judicial protection should be submitted as separate requests. Documenting the actual obstacle may also matter in later assessments of why the step could not be taken in time.
At which stages is an interpreter requested?
YUKK Art. 70 regulates informing the international protection applicant about procedure, rights, obligations and time limits for objections; and, upon request, interpretation in personal interviews at the application, registration and interview stages. This special safeguard does not mean that the same financing rule applies to all private notarial or legal services.[1]
The language a person can speak and the language in which he or she can read and understand a legal text may differ. The request for an interpreter should be made, if necessary, stating the dialect and the communication needs. If the record does not accurately reflect the person’s statement, the part that is missing or wrong should be entered on the record in concrete terms. Because signing a text that is not understood may cause dispute later, the request for explanation and interpretation should be expressed clearly.
In the TBB’s 2024 regulation, translation costs, where necessary, were counted among the expenses of the legal aid office. In addition, UNHCR Türkiye’s current legal aid page publishes the number 0312 292 59 59 for TBB–UNHCR interpretation support and the languages Arabic, Darija, Dari, Persian and French. The scope of the support should be used after being confirmed with the bar association or the lawyer; this service is not an act of filing suit or stopping a time limit.[3, 7]
If there is no power of attorney, do all steps stop?
For representation by a lawyer, a properly executed power of attorney is, as a rule, required. It should not be assumed that the bar association’s assignment letter takes the place of a power of attorney in every act. The original of the document, the certified copy, the lawyer’s authority to take copies and acts requiring special authority are assessed under the relevant legislation.[2, Arts. 74, 76–77]
HMK Art. 77 regulates that, where delay may cause harm, a lawyer may be allowed to file suit or take a step on condition that the power of attorney is submitted within a final period set by the court. In administrative justice, the application of this possibility is assessed within the framework of the cross-reference in İYUK Art. 31. This is not a general exemption under which any lawyer may act without any authority or obligation of follow-up. The final period given and the step that must be completed need to be monitored.[2, 5]
For a power of attorney drawn up abroad, the authority that prepared the document, the certification or apostille required for its use in Türkiye, and the translation are examined. An apostille certifies the authenticity of the signature on the document, the capacity of the signatory and the seal or stamp; it does not verify that the content of the power of attorney is sufficient for every act. A step requiring special authority therefore does not become possible merely because an apostille exists.[8]
For children or persons with capacity problems, who can validly grant the power of attorney is also investigated. Problems such as the absence of a legal representative, a conflict of interest or the limit of the authority to represent may call for an appropriate guardianship or curatorship measure. It should not be assumed that the appointment of a lawyer resolves all of these problems.
What time limit applies if the legal aid request is rejected?
| Rejection decision | Route of application | Time limit |
|---|---|---|
| Rejection of a bar association legal aid request | Written or oral application to the president of the bar association | Ten days from notification; the president’s period for deciding is seven days |
| Court’s rejection of a legal aid request under the HMK | Objection by petition to the court that issued the decision | Two weeks from notification |
| Application against the underlying migration decision | A separate judicial or administrative route according to the type of decision | Independent of the time limit for objecting to a legal aid rejection |
The time limit in HMK Art. 337 was increased from one week to two weeks by Law No. 7499. The new period applies to decisions issued on and after June 1, 2024. The one-week wording seen in older decision texts and on some institutional pages should not be carried directly over to a current application. The ten-day period for objecting to the president of the bar association should also not be confused with it.[2–4]
In its rejection decision, the court should explain why it did not find the information and documents submitted sufficient. In the objection, the point considered deficient, the existing documents and the exemptions that should be applied are made concrete. If there is a serious later decrease in the ability to pay, the possibility of a renewed request may be assessed separately.
Legal aid does not mean an automatic refund of all costs previously incurred. Giving misleading information about the financial situation may lead to the decision being revoked. From whom the costs at the end of the case will be collected is also assessed separately; the conclusion “I received legal aid, I will not pay costs under any circumstances” should not be drawn.[2, Arts. 337–339]
Conclusion
In migration and restriction code files, effective legal assistance requires, together with the assignment of a lawyer, interpretation, a document of representation, access to the file and monitoring of time limits. It should be explained that bar association assistance and court cost exemption are separate applications; in an urgent file, urgency should be shown with copies of the decision and the notification. Excluding access to legal assistance solely because a person is a foreign national, without assessing the person’s status and financial situation, is one of the fundamental problems the Constitutional Court has pointed out.
Related articles: Unaccompanied foreign children; Foreign victims of human trafficking; Status and identity document of stateless persons; Objection to an Administrative Detention Decision; Notification and the seven-day period in a deportation decision; Application guide for those with a relative in a removal centre.
Frequently Asked Questions
Can foreign nationals request a free lawyer from the bar association?
Yes. Legal aid can be requested after the financial situation and the legal nature of the application are assessed. The YUKK also contains special provisions on detention and international protection.
If the bar association assigns a lawyer, are all court costs eliminated?
No. Legal services and the court’s decision on fees and litigation costs are separate. The scope of other expenses must be determined separately.
Does a legal aid application stop the seven-day period of a deportation action?
It does not stop it by itself. The notification and the last day should be communicated to the bar association and, if necessary, urgent assignment requested, while the filing period is separately protected.
Is the time limit for objecting to a court’s legal aid rejection one week?
Under the current HMK Art. 337, it is two weeks. The new period applies to decisions issued on and after June 1, 2024. For an objection to a bar association rejection, a separate ten-day rule applies.
Is reciprocity always required for every foreign national?
There are statutory and treaty-based exceptions. International protection status and the Stateless Person Identity Document in particular should be examined. The Constitutional Court has criticized a categorical rejection approach that disregards the personal situation.
Can a person in a removal centre meet with a lawyer and a notary?
The YUKK regulates this access and the possibility of meeting. If there is an actual obstacle, the date of the request, the response and the reason should be recorded; the running application periods should be monitored separately.
If the power of attorney is not ready in time, can an urgent suit not be filed?
Under HMK Art. 77, permission may be requested from the court to act, completing the power of attorney within the final period set. This possibility is conditional and does not mean automatic acceptance.
Does an apostille verify all the powers in a power of attorney?
No. An apostille relates to the certification of the signature, the capacity and the seal or stamp. The scope of the power of attorney, special powers and translation requirements are examined separately.
Sources
- Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu), Arts. 51, 53, 57, 59, 68, 70, 81 and 88.
- Law No. 6100, Code of Civil Procedure (Hukuk Muhakemeleri Kanunu), Arts. 74, 76–77 and 334–340; Art. 337 and the transitional provision following Law No. 7499.
- Union of Turkish Bar Associations, Announcement 2024/52 and comparison table of the regulation amendment, the regulation published in Official Gazette No. 32693 dated 15.10.2024; in particular Arts. 5, 6 and 9.
- Ministry of Justice, General Directorate of Legal Affairs, Legal Aid Frequently Asked Questions, application, scope, rejection and costs.
- Law No. 2577, Administrative Procedure Law (İdari Yargılama Usulü Kanunu), in particular Art. 31.
- Constitutional Court Plenary Assembly, Mohamma Salem Pashto and Nazı Salem, Application No. 2019/26339, 17.05.2023, in particular §§ 72–87; Official Gazette, 08.11.2023, No. 32363.
- UNHCR Türkiye, Legal Aid, explanations on applying to the bar association and interpretation support; accessed 14.10.2026.
- HCCH, explanation of the 1961 Apostille Convention, the scope and legal effect of the apostille.