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HOW ARE REMOVAL CENTER PROCEDURES AND ADMINISTRATIVE COURT PROCEDURES CONDUCTED?

Deportation (Deport) Decision and Lifting of Administrative Detention

Foreign nationals may be deported while within the borders of the Republic of Turkey due to various legal grounds or violations of public order. This process is commonly known among the public as a deport decision. In order to protect the rights of foreigners against whom a deportation process has been established, to avoid missing deadlines, and to stand against administrative detention decisions that restrict freedom, it is a legal necessity to work with an expert deport lawyer. Deport decisions can be annulled through correct objections made against unlawful administrative actions and annulment lawsuits to be filed with a request for the stay of execution. In this context, communicating with a deport removal lawyer who is an expert in the field within 7 days from the notification of the deportation decision to the foreign person is of vital importance in order not to miss the forfeiture periods.

An administrative detention decision is taken against foreign nationals for whom a deportation decision has been made, pursuant to Article 57/2 of the Law on Foreigners and International Protection No. 6458 (LFIP). The administrative detention decision is put into effect by law enforcement officers (police or gendarmerie) within 48 hours at the latest, and the foreign national is transferred to the Removal Center (GGM) in the relevant region.

Particularly due to the density in Eastern Anatolia and border regions, foreigners are mostly taken under administrative detention within the Van Kurubaş Removal Center, Erzurum Aşkale Removal Center, or Iğdır Removal Center. On the other hand, while the deport procedures of foreign women transferred in western provinces are carried out through the Silivri Removal Center; the procedures of foreign men are completed within the Çatalca Removal Center.

Foreigners taken to the removal center are管 deported by law enforcement officers following administrative procedures. However, if the court grants a stay of execution decision regarding the foreigners who applied to the Administrative Court to cancel the deport decision during this process, the foreign person continues to stay in the country until the trial is concluded. It is not legally possible to deport the foreigner until the court establishes a final judgment.

While implementing the deportation decision, the foreign national is taken to the hospital by law enforcement officers for a doctor's examination procedure, and the necessary health checks are reported. In these operational processes carried out by the Provincial Directorate of Migration Management, foreign persons are sent from the removal centers where they are held to their own countries or to another third country they wish and will be accepted.

Competent and Jurisdiction Court in Deport Removal Lawsuit

Lawsuits to be filed for the purpose of annulling deportation (deport) decisions must be filed in Administrative Courts, as these actions are administrative dispositions. The court of the place where the governor's office or the directorate of migration management that issued the deportation decision is located is competent. For example; a lawsuit must be filed before the Van Administrative Court against the deport decisions established by the Van Governorate or the Van Provincial Directorate of Migration Management. Similarly, applications are made to the Administrative Courts of the relevant provinces against the decisions taken by the governorates of Erzurum or Iğdır.

On the other hand, the competent authority in objections to be made against the administrative detention decision, which means the restriction of the foreigner's freedom, is the Criminal Judicature of Peace. The competent court in lawsuits filed against the administrative detention decision is the court of the place where the detention process is physically applied, that is, where the foreigner is held. An urgent release application must be made to the Van Criminal Judicature of Peace for a foreigner held in the Van Kurubaş GGM; and to the Aşkale Criminal Judicature of Peace for a foreigner held in the Erzurum Aşkale GGM.

How is a Deport (Deportation) Decision Removed?

The lifting of the deport penalty established against a foreigner, the cancellation of the entry ban, and the suspension of the deport penalty possess a complex legislative infrastructure. For this reason, obtaining legal support through a deport removal lawyer, a migration lawyer, a DEPORTATION DECISION REMOVAL LAWYER, or a foreign law lawyer specialized in the field of foreigners law is essential for the safety of the process.

It is highly difficult for foreign nationals to conduct this process alone and conclude it positively, as they are far from their own languages and Turkish legislation. In this administrative process where time is raced against, an expert lawyer prevents loss of rights because they know both the current legal rules and the practical applications in the Removal Centers.

Foreigners located in Turkey are deported under Law No. 6458 if they violate one of the entry bans, exceed their visa periods, or risk their residence permits by working illegally. Professional legal consultancy must be obtained in order to stop these decisions taken against them, to obtain a stay of execution guarantee, and to ensure their re-entry into Turkey through legal ways.

Is It Possible to Stop a Deport Decision?

The deportation decision is an administrative action, and pursuant to the legislation, the departure of the foreigner from airports or border gates to be de-ported is planned. The foreign person themselves or the deport removal lawyer they have authorized can object to this decision within the legal period. When an annulment lawsuit is filed in the Administrative Court within the 7-day period starting from the notification of the decision, filing the lawsuit automatically stops the deportation process (except for some exceptional restriction codes). The person can continue to stay legally in Turkey throughout the court process.

Among the reasons why foreigners are frequently deported are visa period violations or exceeding the residence (ikamet) permit period. Depending on the nature of the violation, a entry ban to the country for a certain period of time may be imposed on the foreigner, or the entry to the country may be completely closed indefinitely due to some judicial crimes committed. Foreigners who have a residence permit but do not have a work permit and are detected to be working illegally are also transferred to Removal Centers to be de-ported pursuant to the legal legislation.

For How Long is a Deport Decision Issued?

A entry ban to Turkey varying between 5 months and 5 years may be imposed on a foreigner against whom a deportation decision has been made, according to the nature and legal grounds of the violation. However, if the reason for the foreigner's deportation is based on a contagious disease that will jeopardize general public health or a heavy act that threatens public safety such as terrorism or organized crime, this situation may turn into an indefinite entry ban (restriction code) and its removal is subject to much stricter legal procedures. While the periods are kept shorter in simple visa violations, penalties are applied from the upper limit in judicial incidents.

What is the Invitation to Leave Turkey?

Certain foreigners against whom a deportation decision has been made are granted a period of not less than 15 days and up to 30 days to leave the country on their own accord, depending on the nature of their situation. This process is called an invitation to leave Turkey. If foreigners who are given a document of invitation to leave (departure permit document) leave through the border gates within this period, administrative detention provisions such as being taken to the GGM are not applied to them. However, even if the invitation to leave is not subject to a fee, the foreigner must pay the past visa violation fines, if any, at the border gate.

The provisions of invitation to leave are not applied to foreigners in the following situations, and they are directly transferred to removal centers within 48 hours by law enforcement: Those who violate public order, those who pose a threat to public health or safety,

Those who violate the rules of illegal entry into and exit from Turkey,

Those who are at risk of escaping or disappearing,

Those who use false or invalid documents (passport, residence card),

Those who do not leave Turkey within the recognized period without a justifiable excuse.

How Long is the Stay Period in the Removal Center?

The administrative detention period in removal centers is at most 6 months legally. However, in the event that the procedures are prolonged due to the foreign national's non-cooperation with their country of origin, or giving false/incomplete statements about their personal information and passport, this period may be extended for another 6 months. Pursuant to the legal limit, the period of being held in the removal center cannot exceed 12 months in total for whatever reason.

Administrative Detention Decision and Alternative Obligations

The decision to be kept under administrative detention is regularly re-evaluated every 30 days by the Provincial Directorate of Migration Management. The decisions of continuation or termination taken are notified to the foreign person or their legal representative, the deport lawyer. Foreigners held within the GGM can immediately object to the Criminal Judicature of Peace, claiming that the decision is unlawful.

In effective applications to be made through an expert lawyer, it can be requested to apply alternative obligations to administrative detention instead of restricting the foreigner's freedom. These alternative obligations, which allow a foreign national to continue their life outside instead of staying in a GGM cell, are as follows: Electronic monitoring (tracking with handcuffs or devices),

Obligation to reside at a specific address (signature obligation),

Providing a guarantee (bail),

Taking part in voluntary services for public benefit.

Objections made to the Criminal Judicature of Peace against the administrative detention decision are decided by the judge within the period. Although the release or rejection decision given is final, it is possible to apply an objection to the Criminal Judicature of Peace again and again through a lawyer if new conditions (health status, marriage, new evidence) changing the foreigner's situation or file emerge.

What are Deport Codes (Restriction Codes)?

The reason for blocking a foreigner's entry into Turkey or their deportation is symbolized by the deport code (restriction code) processed into their system. Among the questions most frequently asked by clients reaching our law firm are; "how do I find out my deport code?", "how is a deport inquiry made?" and "how is a restriction code removed?". An experienced lawyer develops a special objection strategy according to the specific restriction code processed into the foreigner's passport or migration management database, and prepares the petitions to be submitted to the court according to the legal nature of this code.

What are the Most Frequently Encountered Restriction and Deport Codes?

V-68: Those whose residence permit is subject to ministry permission

V-69: Foreigners whose residence permits have been canceled

V-70: Those trying to obtain residence through a fraudulent/collusive marriage

V-71: Those who do not notify address changes or make false address declarations

V-74: Those whose departure from the country will be notified to ministries or governorates

V-84: Those entering subject to the condition of obtaining a residence permit within 10 days

V-87: Temporary protection owners (Syrian nationals, etc.) making a voluntary return

V-88: Foreigners whose work permits have been invalidated

V-137: Those invited to leave Turkey

V-154: Those applying to the administrative court against the deportation decision

V-157: Foreigners whose residence permit applications have been rejected

G-26: Those alleged to have illegal organization activities

G-42: The crime of drug trafficking or use

G-43: Smuggling crimes

G-48: The accusation of mediating prostitution and providing space

G-78: Foreigners carrying contagious diseases

G-82: Those acting against national security

G-87: Persons thought to pose a danger in terms of general security (Critical Code)

Ç-101 / Ç-102 / Ç-103 / Ç-104 / Ç-105: Entry bans to Turkey varying from 3 months to 5 years depending on the visa, residence, or work permit violation period

Ç-113: Those entering-exiting the country through illegal ways

Ç-114: Foreigners against whom judicial action has been taken

Ç-115: Foreign nationals released from prison

Ç-117: Those working illegally and without permission

Ç-120: Those not paying the administrative fine resulting from visa or residence violations

Ç-150: Those trying to enter the country with a false document

Ç-151: Those alleged to be immigrant smugglers or human traffickers

N-82: Prior authorization code subject to permission entry

N-99: Restriction imposed due to Interpol search code

Administrative Court and Removal Center Legal Representation Services

• Adana Removal Center Legal Counsel – Adana Deportation Procedures Attorney

• Ağrı Removal Center Legal Counsel – Ağrı Deportation Procedures Attorney

• Ankara Akyurt Removal Center Legal Counsel – Ankara Deportation Procedures Attorney

• Antalya Removal Center Legal Counsel – Antalya Deportation Procedures Attorney

• Aydın Removal Center Legal Counsel – Aydın Deportation Procedures Attorney

• Balıkesir Removal Center Legal Counsel – Balıkesir Deportation Procedures Attorney

• Bursa Removal Center Legal Counsel – Bursa Deportation Procedures Attorney

• Çanakkale Removal Center Legal Counsel – Çanakkale Deportation Procedures Attorney

• Çankırı Removal Center Legal Counsel – Çankırı Deportation Procedures Attorney

• Diyarbakır Removal Center Legal Counsel – Diyarbakır Deportation Procedures Attorney

• Edirne Removal Center Legal Counsel – Edirne Deportation Procedures Attorney

• Erzurum Aşkale Removal Center Legal Counsel – Erzurum Deportation Procedures Attorney

• Gaziantep Removal Center Legal Counsel – Gaziantep Deportation Procedures Attorney

• Iğdır Removal Center Legal Counsel – Iğdır Deportation Procedures Attorney

• İstanbul Arnavutköy Removal Center Legal Counsel – İstanbul Deportation Procedures Attorney

• İstanbul Binkılıç Removal Center Legal Counsel – İstanbul Deportation Procedures Attorney

• İstanbul Çatalca Removal Center Legal Counsel – İstanbul Deportation Procedures Attorney

• İstanbul Tuzla Removal Center Legal Counsel – İstanbul Deportation Procedures Attorney

• İzmir Harmandalı Removal Center Legal Counsel – İzmir Deportation Procedures Attorney

• Kayseri Removal Center Legal Counsel – Kayseri Deportation Procedures Attorney

• Kırklareli Pehlivanköy Removal Center Legal Counsel – Kırklareli Deportation Procedures Attorney

• Kocaeli Removal Center Legal Counsel – Kocaeli Deportation Procedures Attorney

• Konya Removal Center Legal Counsel – Konya Deportation Procedures Attorney

• Malatya Removal Center Legal Counsel – Malatya Deportation Procedures Attorney

• Mersin Removal Center Legal Counsel – Mersin Deportation Procedures Attorney

• Muğla Removal Center Legal Counsel – Muğla Deportation Procedures Attorney

• Niğde Removal Center Legal Counsel – Niğde Deportation Procedures Attorney

• Şanlıurfa Removal Center Legal Counsel – Şanlıurfa Deportation Procedures Attorney

• Van Kurubaş Removal Center Legal Counsel – Van Deportation Procedures Attorney

• Hatay Removal Center Legal Counsel – Hatay Deportation Procedures Attorney

• Kırıkkale Removal Center Legal Counsel – Kırıkkale Deportation Procedures Attorney

• Sivas Removal Center Legal Counsel – Sivas Deportation Procedures Attorney

• Batman Removal Center Legal Counsel – Batman Deportation Procedures Attorney

• Kilis Removal Center Legal Counsel – Kilis Deportation Procedures Attorney

• Şırnak Removal Center Legal Counsel – Şırnak Deportation Procedures Attorney