Removal Centres in Turkey: Rights of Foreigners, Procedures and Legal Assistance

Removal centres in Turkey are facilities where certain foreign nationals may be held under administrative detention in connection with immigration procedures.

A foreign national may be transferred to a removal centre following an immigration inspection, deportation procedure or another legally established circumstance. Being held in a removal centre is an administrative immigration measure and should be distinguished from imprisonment following a criminal conviction.

Foreign nationals and their families should obtain the relevant administrative decisions and understand the available legal remedies as soon as possible.

A removal centre lawyer Turkey can assist with administrative detention, deportation proceedings, entry bans, Tahdit codes and related immigration matters.

What Is a Removal Centre in Turkey?

A removal centre is a designated facility used for the accommodation of foreign nationals who are subject to administrative detention under Turkish immigration legislation.

Removal centres are connected with immigration and removal procedures rather than ordinary criminal imprisonment.

A foreign national may be transferred to a removal centre when the statutory conditions for administrative detention are considered to exist.

Why Are Foreign Nationals Taken to Removal Centres?

Depending on the circumstances, a foreign national may be placed in a removal centre because of:

• An ongoing deportation procedure;
• Risk of absconding;
• Identity-related issues;
• Problems obtaining travel documents;
• Certain immigration violations;
• Failure to comply with immigration requirements; or
• Other grounds established by law.

The specific reason should be identified from the official detention decision.

Is Everyone Facing Deportation Taken to a Removal Centre?

No.

A deportation procedure does not automatically mean that every foreign national will be placed under administrative detention.

The authorities must assess whether the legal conditions for detention are satisfied.

Is a Removal Centre a Prison?

No.

A removal centre is an immigration facility, while a prison is generally associated with criminal proceedings or a criminal sentence.

Administrative detention should therefore be distinguished from criminal imprisonment.

What Is Administrative Detention?

Administrative detention is the legal measure under which a foreign national may be kept in a removal centre during certain immigration procedures.

The detention decision and the deportation decision are separate matters.

Can Administrative Detention Be Challenged?

Depending on the circumstances, a foreign national can challenge administrative detention through the legal procedure established by Turkish law.

A Turkey immigration lawyer can review the detention decision and determine which remedy may be available.

Can Deportation Be Challenged While Someone Is in a Removal Centre?

Depending on the circumstances, yes.

A foreign national may have a legal remedy concerning the deportation decision while remaining in administrative detention.

The relevant deadlines should be reviewed immediately.

What Happens After a Foreign National Is Taken to a Removal Centre?

The foreign national may undergo immigration procedures concerning:

• Identity;
• Travel documents;
• Deportation;
• Entry restrictions;
• Immigration history; and
• Other matters relevant to their legal status.

The actual process depends on the individual's circumstances.

How Long Can a Person Stay in a Removal Centre?

The duration of administrative detention is governed by Turkish immigration legislation.

It can depend on factors such as:

• Deportation procedure;
• Availability of travel documents;
• Identification;
• Legal proceedings;
• Administrative decisions; and
• Other circumstances.

The duration is not necessarily the same for every detained foreign national.

Can Detention Be Extended?

Where the statutory conditions continue to exist, administrative detention may continue subject to the procedures established by law.

The foreign national should be informed of the relevant decisions and available legal remedies.

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

Legal representatives can assist detained foreign nationals subject to the applicable rules and procedures governing access to removal centres.

A lawyer can obtain information about the case and advise the foreign national regarding available legal remedies.

Can Family Members Visit a Removal Centre?

Visitation is subject to the rules of the relevant facility.

Family members should obtain information from the removal centre or competent authorities concerning visiting arrangements and required identification or documentation.

Can Family Members Contact a Lawyer?

Yes.

A family member can seek legal assistance on behalf of a detained foreign national.

The lawyer can then determine the appropriate representation and procedural requirements.

What Rights Does a Foreign National Have in a Removal Centre?

Foreign nationals subject to administrative detention have procedural rights under the applicable Turkish immigration framework.

Depending on the circumstances, these can include rights concerning:

• Notification of administrative decisions;
• Access to legal remedies;
• Legal assistance;
• Communication;
• Consular contact; and
• Other statutory safeguards.

Can a Foreign National Contact Their Embassy or Consulate?

Consular communication may be available to a foreign national in administrative detention.

The exact procedure depends on the circumstances and applicable rules.

Can a Foreign National Receive Legal Assistance?

Yes.

Legal assistance can concern both the detention and other immigration decisions.

A lawyer may assist with:

• Administrative detention;
• Deportation;
• Entry ban;
• Tahdit code;
• Residence permit; and
• Related legal procedures.

Can a Lawyer Challenge the Detention Decision?

Depending on the circumstances, a lawyer can assist with challenging administrative detention through the legally available procedure.

The detention decision should be examined carefully before determining the appropriate remedy.

Can a Lawyer Challenge a Deportation Decision?

Where a legal remedy exists, a lawyer can assist with challenging the deportation decision before the competent judicial authority.

The deadline should be calculated from the relevant notification date.

What Is the Difference Between Detention and Deportation?

These are separate immigration measures.

Administrative detention concerns the temporary restriction of a foreign national's liberty during certain immigration procedures.

Deportation concerns removal of the foreign national from Turkey.

A person can be subject to both measures.

What Is an Entry Ban?

An entry ban restricts a foreign national's ability to enter Turkey for a specified period or under specified conditions.

An entry ban is separate from both deportation and administrative detention.

Can a Removal Centre Case Involve a Tahdit Code?

Yes.

A foreign national involved in immigration proceedings may have a Tahdit code recorded in the immigration system.

The specific code and its legal effect should be established before deciding how to proceed.

Can a Tahdit Code Be Removed?

Depending on the code and legal circumstances, an administrative or judicial procedure may be available.

A lawyer can examine the immigration record and assess whether there is a legal basis for challenging the restriction.

Can Overstay Lead to a Removal Centre?

An overstay can result in immigration consequences.

In certain circumstances, a foreign national subject to a removal procedure may also be placed under administrative detention.

The individual circumstances and official decisions are important.

Can Unauthorised Employment Lead to a Removal Centre?

Unauthorised employment can result in administrative and immigration consequences.

Where a foreign national is detained following an employment-related immigration violation, the relevant decisions should be reviewed.

Can Residence Permit Problems Lead to Detention?

Residence permit rejection or cancellation does not automatically result in detention.

However, where a foreign national no longer has a lawful basis to remain and other statutory grounds exist, administrative detention may become relevant.

Can a Visa Violation Lead to a Removal Centre?

Certain visa and immigration violations can lead to administrative measures.

Whether detention is legally applicable depends on the circumstances and relevant statutory grounds.

What Happens If the Foreign National Has No Passport?

Identity and travel-document problems can complicate removal procedures.

Where a foreign national does not possess a valid passport or travel document, authorities may need to undertake additional procedures.

What Happens If the Consulate Must Issue a Travel Document?

In some circumstances, a foreign national may need to obtain a temporary or replacement travel document from their consulate.

The procedure depends on the person's nationality and circumstances.

Can a Foreign National Be Released Before Deportation?

Depending on the circumstances and applicable legal provisions, administrative detention may end before deportation.

The foreign national should have the detention decision and current immigration status reviewed.

Can a Foreign National Leave the Removal Centre Without Leaving Turkey?

Depending on the circumstances, release from administrative detention does not necessarily have the same legal consequences in every case.

The foreign national's lawful residence status should be determined separately.

Can a Foreign National Apply for a Residence Permit While in a Removal Centre?

The possibility and procedure depend on the individual's immigration status, the reason for detention and the applicable residence rules.

A detained foreign national should obtain specific legal advice before relying on a new residence application.

Can Family Circumstances Affect a Removal Centre Case?

Family circumstances can be relevant to an immigration case where the law requires or permits them to be considered.

Relevant circumstances can include:

• Marriage to a Turkish citizen;
• Turkish children;
• Minor children;
• Custody arrangements; or
• Other significant family relationships.

Family ties do not automatically cancel a detention or deportation decision.

Can Medical Circumstances Be Relevant?

Certain medical circumstances can be legally relevant in immigration proceedings.

Where applicable, medical evidence should be obtained and presented through the appropriate legal procedure.

What Documents Should the Family Provide to a Lawyer?

Useful documents can include:

• Passport copy;
• Residence permit;
• Visa;
• Detention decision;
• Deportation decision;
• Entry-ban information;
• Tahdit-code information;
• Marriage certificate;
• Birth certificates;
• Employment documents;
• Medical records where legally relevant; and
• Other immigration documents.

What Does a Removal Centre Lawyer Do?

Reviews the Detention Decision

The lawyer examines the legal basis and procedural history.

Reviews the Deportation Decision

If deportation proceedings exist, the lawyer evaluates the two matters together.

Checks Deadlines

The lawyer identifies relevant notification dates and procedural deadlines.

Collects Supporting Evidence

Family, employment, residence, medical and other relevant evidence can be assessed.

Initiates Available Legal Proceedings

Where appropriate, the lawyer can assist with administrative applications or judicial proceedings.

Removal Centre Lawyer in Istanbul

An Istanbul immigration lawyer can assist foreign nationals who are being held in removal centres or facing deportation procedures in Istanbul.

Legal assistance may concern:

• Administrative detention;
• Deportation;
• Entry bans;
• Tahdit codes;
• Residence permit cancellation;
• Residence permit rejection;
• Overstay; and
• Other Turkish immigration matters.

Assistance for English-Speaking Foreign Nationals

English-speaking foreign nationals and their families can obtain legal assistance concerning removal-centre procedures and related Turkish immigration matters.

Cosmos Legal law firm assists international clients with deportation and administrative detention cases.

Assistance for Russian-Speaking Foreign Nationals

Russian-speaking foreign nationals can receive assistance concerning:

• Removal centres;
• Administrative detention;
• Deportation;
• Entry bans;
• Tahdit codes; and
• Residence permits.

Assistance for Arabic-Speaking Foreign Nationals

Arabic-speaking foreign nationals can also seek legal assistance concerning removal centres, deportation and related immigration procedures.

How Cosmos Legal Law Firm Can Assist

Cosmos Legal law firm provides legal assistance concerning:

• Removal-centre cases;
• Administrative detention;
• Deportation decisions;
• Detention challenges;
• Entry bans;
• Tahdit codes;
• Residence permit cancellation;
• Residence permit rejection;
• Overstay; and
• Related immigration litigation.

Our lawyers can review the foreign national's detention and deportation documents, immigration history and supporting evidence and assess which legal procedures may be available.

Frequently Asked Questions

What is a removal centre in Turkey?

It is a designated facility where certain foreign nationals may be held under administrative detention in connection with immigration procedures.

Is a removal centre a prison?

No. A removal centre is an immigration facility and administrative detention is distinct from criminal imprisonment.

Can I challenge detention in a removal centre?

Depending on the circumstances, legal remedies may be available against an administrative detention decision.

Can I challenge deportation while detained?

Depending on the circumstances, a deportation decision may be subject to judicial review while the person remains in administrative detention.

Can my family visit me?

Visitation is subject to the rules and procedures of the relevant removal centre.

Can I contact my consulate?

Consular communication may be available subject to the applicable procedures.

Can a lawyer visit a removal centre?

Legal representatives can assist detained foreign nationals subject to the applicable access and procedural rules.

Can I be released from a removal centre?

Depending on the circumstances and applicable legal requirements, administrative detention may end before deportation.

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

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