Administrative Detention and Removal Centres in Turkey: What Foreign Nationals Should Know

Foreign nationals involved in a deportation procedure in Turkey may, under the conditions established by Turkish immigration law, be placed under administrative detention and transferred to a designated removal centre in Turkey.

This situation can be particularly difficult for people who arrive through or are stopped at Istanbul Airport, especially when they do not understand Turkish immigration procedures or cannot determine why they are being held.

Understanding the difference between administrative detention, deportation and removal-centre procedures is important for foreign nationals and their families.

What Is Administrative Detention in Turkey?

Administrative detention is an immigration measure that restricts a foreign national's freedom of movement under circumstances established by Turkish law.

It is different from criminal imprisonment.

Administrative detention can arise in connection with a deportation procedure where the legal conditions for detention are considered to exist.

The foreign national should receive information concerning the relevant decision and applicable legal procedures.

What Is a Removal Centre in Turkey?

A removal centre is a facility used for certain immigration procedures involving foreign nationals.

A person subject to administrative detention may be transferred to a removal centre while the relevant immigration procedure is carried out.

The existence of detention does not by itself determine whether the underlying deportation decision is lawful.

The detention and deportation issues may need to be examined separately.

Why Are Foreign Nationals Sent to Removal Centres?

A foreign national may be placed in administrative detention in circumstances established by Turkish immigration legislation.

The relevant case may involve:

• A deportation procedure;
• Difficulty establishing identity;
• Risk of absconding;
• Previous immigration violations;
• Entry or residence problems;
• Previous deportation; or
• Other legally specified circumstances.

The exact reason should be determined from the official decisions.

Is Every Foreign National in a Removal Centre Being Deported?

Not necessarily.

A foreign national may be held under administrative detention while an immigration procedure is being conducted.

The existence of detention does not eliminate the foreign national's right to challenge applicable decisions where the law provides such a remedy.

It is therefore important to distinguish between:

• Administrative detention;
• Deportation decision;
• Removal procedure; and
• Entry restriction.

Can Administrative Detention Be Challenged?

Yes.

Turkish immigration law provides a legal procedure for challenging administrative detention.

The competent judicial authority can review the detention under the applicable legal framework.

A lawyer can assist with preparing and submitting the relevant challenge.

Which Court Reviews Administrative Detention?

Challenges to administrative detention are generally examined by the competent Criminal Judgeship of Peace (Sulh Ceza Hâkimliği).

The application should address the specific detention decision and the circumstances of the foreign national.

The applicable procedure should be assessed based on the official documents.

What Happens After a Detention Challenge?

The competent court examines the application.

Depending on the decision and circumstances, the foreign national may be released from administrative detention.

However, release from detention does not necessarily mean that the deportation decision or another immigration restriction has been cancelled.

These matters should be reviewed separately.

Can a Lawyer Visit a Foreign National in a Removal Centre?

Legal representation and communication with a lawyer can be important in an administrative detention case.

A lawyer can assist with reviewing the relevant decisions and preparing the appropriate legal applications.

The practical procedure for communication and representation depends on the detention location and circumstances.

What If the Foreign National Is at Istanbul Airport?

A person stopped at Istanbul Airport may initially be subject to border-control procedures.

The situation could involve:

• Additional passport checks;
• Refusal of entry;
• Entry-ban investigation;
• Tahdit code;
• Administrative detention; or
• Deportation-related procedures.

The foreign national should first establish which formal procedure applies.

What If You Are Held in an Airport-Controlled Area?

Being unable to freely leave an airport-controlled area does not automatically establish that a formal administrative detention decision has been issued.

Ask the authorities whether:

• A detention decision exists;
• A deportation decision exists;
• Entry has been refused;
• An entry restriction exists; or
• Another immigration procedure is being applied.

If documents are provided, preserve copies where possible.

What Is the Difference Between Deportation and Detention?

These are two different legal concepts.

Deportation concerns the removal of a foreign national from Turkey.

Administrative detention concerns the restriction of the person's freedom of movement in connection with an immigration procedure.

A foreign national can therefore have both a deportation decision and an administrative detention decision.

Each should be examined separately.

Can a Foreign National Challenge the Deportation Decision From a Removal Centre?

Depending on the circumstances, a deportation decision may be challenged through the competent legal procedure.

The foreign national should pay close attention to the date on which the decision was notified.

Because applicable deadlines can be strict, legal assistance should be obtained promptly.

What If There Is an Entry Ban?

A foreign national in a removal centre may also have an entry restriction associated with their immigration history.

If an entry ban exists, the foreign national should determine:

• Its legal basis;
• Duration;
• Date of commencement;
• Whether it remains active; and
• Whether a legal remedy may be available.

What Is a Tahdit Code in a Removal Centre Case?

A Tahdit code can indicate an immigration restriction recorded in the relevant Turkish systems.

If a foreign national is detained and there is also a Tahdit code, the specific code should be identified.

Different restrictions can have different consequences for residence and future entry.

What If the Person Was Previously Deported From Turkey?

A previous deportation can be important to the person's current immigration situation.

It may be necessary to determine whether the previous decision resulted in:

• Entry ban;
• Tahdit code;
• Other immigration restriction; or
• Additional administrative consequences.

A lawyer can review the person's previous and current immigration records.

What If the Person Has Overstayed?

An overstay may be relevant to the immigration case.

The lawyer may need to review:

• Date of entry;
• Authorised stay;
• Residence permit;
• Date of expiry;
• Date of departure;
• Administrative fine; and
• Previous immigration decisions.

The length and circumstances of the overstay can affect the legal assessment.

What If the Foreign National Has a Turkish Family?

Family circumstances can be relevant to an immigration case.

The foreign national should provide documents concerning:

• Turkish spouse;
• Children;
• Marriage;
• Family residence; and
• Other relevant family relationships.

Family ties do not automatically cancel detention or deportation, but they may be relevant to the legal assessment where applicable.

What If the Foreign National Has Children in Turkey?

Children living in Turkey may be an important factual circumstance.

Supporting documents can include:

• Birth certificates;
• Nationality documents;
• Custody documents;
• School records; and
• Evidence of family residence.

The relevance of these documents depends on the individual case and applicable law.

What If There Is a Medical Problem?

If a detained foreign national has a significant medical condition relevant to the immigration case, medical records should be preserved.

Relevant documentation may include:

• Hospital reports;
• Medical reports;
• Treatment records; and
• Medication or treatment information where legally relevant.

Medical circumstances should be presented through the appropriate legal channels.

How Long Can Administrative Detention Continue?

Turkish immigration legislation establishes rules concerning the duration and review of administrative detention.

The precise duration can depend on the circumstances and the legal basis for detention.

A foreign national should therefore review the official detention decision rather than relying on general information about detention periods.

Can Administrative Detention Be Extended?

The continuation of detention is subject to the applicable legal framework.

The authorities should assess whether the legal conditions for continued detention exist.

If the foreign national believes that continued detention is unlawful, a legal challenge may be available.

What Documents Should the Family Provide to the Lawyer?

Family members can help by providing copies of:

• Passport;
• Residence permit;
• Visa;
• Deportation decision;
• Detention decision;
• Marriage certificate;
• Children's birth certificates;
• Medical documents;
• Employment records; and
• Other relevant immigration documents.

The more complete the immigration history, the easier it may be to assess the legal situation.

Can Family Members Contact a Lawyer?

Yes.

Family members can provide information and documents to a lawyer and request assistance for a detained foreign national.

The lawyer may then assess the detention decision and any associated deportation or immigration restrictions.

What If the Foreign National Does Not Speak Turkish?

Language can be a major issue in immigration detention cases.

Foreign nationals should make their language difficulties known and seek appropriate interpretation or communication assistance where necessary.

A person should understand important legal documents before signing them.

What If the Foreign National Is a British, Russian or Arabic-Speaking Citizen?

Turkey receives large numbers of international visitors, including English-, Russian- and Arabic-speaking travellers.

A foreign national who is detained should be able to communicate their circumstances and understand the relevant immigration procedure.

Cosmos Legal law firm provides legal assistance to international clients dealing with Turkish immigration procedures, including clients communicating in English, Russian and Arabic.

How Cosmos Legal Law Firm Can Assist With Removal Centre Cases

Cosmos Legal law firm assists foreign nationals facing administrative detention and deportation procedures in Turkey.

Our services may include:

• Administrative detention challenges;
• Removal-centre cases;
• Deportation decision review;
• Deportation litigation;
• Entry-ban investigations;
• Tahdit code matters;
• Istanbul Airport immigration cases;
• Refusal-of-entry cases;
• Overstay-related matters; and
• Residence and work permit disputes.

Our lawyers can review the relevant decisions, immigration history and supporting documents and determine which legal procedures may be available.

Frequently Asked Questions

What is a removal centre in Turkey?

A removal centre is a facility used for certain immigration procedures involving foreign nationals, including persons subject to administrative detention.

Is a removal centre the same as a prison?

No. Administrative detention in a removal centre is an immigration measure and is distinct from criminal imprisonment.

Can administrative detention be challenged?

Yes. Turkish law provides a legal mechanism for challenging an administrative detention decision.

Which court reviews administrative detention?

Challenges are generally examined by the competent Criminal Judgeship of Peace (Sulh Ceza Hâkimliği).

Does release from detention cancel deportation?

Not necessarily. Administrative detention and deportation are separate legal matters.

Can a lawyer assist a person in a removal centre?

Yes. A lawyer can review the relevant decisions and assist with available legal procedures.

What if the person was detained at Istanbul Airport?

The first step is to establish whether the person is under formal administrative detention, refused entry, subject to a deportation procedure or affected by another immigration restriction.

Can Cosmos Legal law firm assist with removal-centre cases?

Yes. Cosmos Legal law firm assists foreign nationals with administrative detention, removal-centre procedures, deportation, entry bans, Tahdit codes and other Turkish immigration matters.

Conclusion

Being transferred to a removal centre in Turkey can be a serious immigration situation, but administrative detention, deportation and entry restrictions are separate legal matters that should be assessed individually.

If a foreign national is detained after arriving at Istanbul Airport, the relevant decisions should be obtained and reviewed as quickly as possible.

Foreign nationals and their families can seek assistance from Cosmos Legal law firm concerning administrative detention challenges, deportation procedures, entry bans, Tahdit codes and other Turkish immigration matters.