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What is the Administrative Detention Decision, and in Which Cases Is It Applied?

Foreigners who come to our country for touristic purposes or foreign nationals living in our country, those who continue to stay in Turkey even though their residence permit or work permit has been cancelled, have visa violations, work without permission even though they do not have a work permit, have entered Turkey illegally, who are detected, understood to have a restriction code for various reasons, behave outside the general morality rules, or  who are determined not to leave Turkey even though they have been notified to leave Turkey before, are brought to police stations or gendarmerie stations and taken under administrative detention to be deported.

Who are at risk of escaping and disappearing from those who have been deported, violate the rules of entry or exit to Turkey, use fake or unfounded documents, do not leave Turkey within the given time without an acceptable excuse in terms of public order, public security or public health. Administrative detention decision is taken by the governorship for those who pose a threat.

What Should the Foreigner Who Was Sent to the Removal Center Do?

Those against whom an administrative detention decision has been taken are kept in Removal Centers. The administrative detention period in Removal Centers cannot exceed six months. However, this period may be extended for a maximum of six months if the deportation process cannot be completed due to the foreigner’s failure to cooperate or provide correct information or documents about his/her country. Whether there is a necessity for the continuation of the administrative surveillance is regularly evaluated by the governorship every month. When necessary, a period of thirty days is not expected. Those who are deemed not to be necessary in the continuation of their administrative supervision are immediately notified to the Ministry. If the Ministry deems it appropriate, the administrative detention decision for the foreigner is lifted.

Objection to Administrative Detention Decision

It is possible to object to the administrative detention decision, and foreigners placed under administrative detention can be released, provided that they provide certain conditions. The necessary condition for the release of the foreigner is that the lawyer of the person taken into administrative detention applies to the court of peace against the administrative detention decision. The court of peace decides to release the person or to continue the administrative detention by making the necessary examinations.

If this application made to the court of peace has not been concluded yet, if the investigation carried out against foreign nationals under administrative detention at police stations or gendarmerie stations has been completed, the person is taken to removal centers for a deportation decision. For foreign nationals brought to removal centers, a deportation decision is taken within 48 hours at the latest and then they are deported.

However, even if a decision to deport foreign nationals under administrative detention is taken, under certain conditions, they are given a period of up to thirty days, not less than fifteen days, to leave Turkey with a decision to be taken by the Immigration Administration, even without the decision of a court of peace, they are released. If the foreigners who have been invited to leave Turkey and have been released leave the country within the prescribed period, an entry ban decision may not be taken.

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