Deportation and Administrative Detention

In Which Situations Can Deportation and Administrative Detention Arise?

In the cases provided for in Law No. 6458 on Foreigners and International Protection, a deportation decision may be issued against foreign nationals by the governorate.

Visa or residence violations, working without a work permit, violations of the rules on entry into or exit from Türkiye, assessments relating to public order or public security, and other grounds provided for in the legislation may be connected to a deportation procedure.

No assessment should be made solely on the outcome of the procedure, without seeing the legal basis of the decision and the documents notified to the foreign national.

Even where there is a ground for deportation under the law, in some cases a deportation decision may not need to be issued against the foreign national, or the person may not need to be sent to a particular country.

The risk of serious danger to life or ill-treatment in the country of destination, a serious health condition, the risks of travel, ongoing vital treatment, or other special circumstances protected in the legislation must be examined in the context of the specific file.

This assessment is made on the basis of the foreign national's personal situation and existing documents.

Foreign nationals who are subject to a deportation decision and an administrative detention decision may be held at a removal center if the conditions are met.

In a file at a removal center, the deportation decision, the administrative detention decision, notifications, passport or travel document procedures and the foreign national's current legal situation must be assessed together.

Administrative detention is an administrative act separate from the deportation decision. If the conditions stated in the law are met, an administrative detention decision may be issued by the governorate.

Whether the continuation of administrative detention is necessary is regularly assessed by the administration. The judicial remedy available against an administrative detention decision is examined separately.

In the cases provided for in the legislation, alternative obligations may be applied to the foreign national in place of administrative detention or after administrative detention is terminated.

Whether residence at a specified address, a reporting obligation, a bail guarantee or other alternative measures in the legislation can be applied is assessed in the context of the specific file.

During or after the deportation process, an entry ban or restriction record concerning entry into Türkiye may also exist against the foreign national.

Since the deportation decision, the entry ban and the restriction code may be different administrative acts, the legal basis of each must be examined separately.

Explore Entry Bans and Restriction Codes

Are a Deportation Decision and Administrative Detention the Same Thing?

No. A deportation decision is the administrative decision concerning the removal of a foreign national from Türkiye. Administrative detention, on the other hand, is a separate act, within the deportation process, concerning the holding of the foreign national at a removal center under certain conditions.

For this reason, in a given file, the legal remedy available against the deportation decision and the legal remedy available against the administrative detention decision may differ.

What Is Considered When Reviewing a Deportation Decision?

The date of notification is particularly important; since the time limits for challenging deportation decisions are kept short by law, the file must be reviewed without delay.

Administrative Detention and Removal Center Process

In the file of a foreign national under administrative detention, we examine whether the legal conditions for administrative detention exist and whether its continuation is necessary.

An application may be made to the criminal judgeship of peace against an administrative detention decision. If the conditions later change or cease to exist, the possibility of applying again is also assessed separately.

If administrative detention is lifted, the application of the alternative obligations provided for in the legislation may come into play for the foreign national.

How the Process Works

Lawsuit Against the Deportation Decision

Since the time limit for challenging a deportation decision is short, the date of notification of the decision and the documents in the file must be reviewed without delay. The time limit for filing the lawsuit, the suspension of execution and other procedural matters are covered under the separate litigation service.

Application Against the Administrative Detention Decision

The lawfulness of the administrative detention decision and whether its continuation is necessary are assessed separately from the deportation decision. An application to the criminal judgeship of peace against the administrative detention decision is conducted within the scope of the relevant dispute service.

Do You Have a Pending Removal Center or Deportation File?

In a deportation, administrative detention or removal center file begun earlier, the necessary follow-up steps can be determined by reviewing the existing decisions, the applications made and the current stage of the file.