In Turkey, foreign nationals who have deficiencies in their documents, have been involved in a crime, or have not completed the necessary legal requirements such as residence (ikamet) permits and work permits within the prescribed period, may face a deportation decision.
However, according to the provisions of the Law on Foreigners and International Protection (Law No. 6458), deportation decisions cannot be immediately enforced.
The reason for this is that there is an open appeal process against the decision, and correspondence with the relevant states for the return must be completed.
During these procedures, if there is a suspicion of escape or in cases listed in Article 57 of the relevant law, an administrative detention decision is made and the foreign nationals are hosted in Removal Centers established under the Directorate General of Migration Management.
Not all individuals who are given a deportation decision are subject to administrative detention. If an administrative detention decision is not made in the event of a deportation decision, the foreign national does not have to spend this process in the Removal Center.
Article 57/2:
Those who are subject to a deportation decision and are at risk of escape or disappearance, violate the rules of entry or exit to Turkey, use false or fraudulent documents, do not leave Turkey within the time granted without an acceptable excuse, pose a threat to public order, public security, or public health are subject to an administrative detention decision by the governor’s office.
Foreign nationals who are subject to an administrative detention decision are taken to the removal centers within forty-eight hours by the law enforcement unit that makes the apprehension.
Competent and Authorized Court in Reviewing Administrative Detention Decision
After the administrative detention decision is made, the foreign national or their legal representative can appeal the decision without being subject to any time limit.
The evaluation of the objection to the Administrative Detention Decision is the responsibility of the Criminal Judgeships of Peace. The Criminal Judgeship of Peace within the boundaries of the relevant Governor’s Office that issued the decision is also authorized.
For example, the place and competent court to appeal against the administrative detention decision issued by the Kocaeli Governor’s Office is the Kocaeli Criminal Judgeship of Peace.
It should be noted that if the objection petition against the administrative detention decision is submitted to the administrative court or the administration, it will be forwarded to the relevant Criminal Judgeship of Peace.
By using the Sample Objection Petition to the Administrative Detention Decision, you can make your applications most effectively and quickly, avoiding loss of rights.
Where is the Foreign National Taken After the Administrative Detention Decision?
In Turkey, Removal Centers affiliated with the Directorate General of Migration Management have been established to accommodate foreign nationals after administrative detention decisions.
These centers are not present in every province. Therefore, if the conditions of the removal center closest to the governor’s office that Issued the decision are suitable, the foreign national is placed in the relevant removal center.
The Kocaeli Removal Center, with a capacity of approximately 500 people, is one of the leading removal centers in our country.
