Removal Centres in Turkey: Rights and Legal Procedures for Detained Foreign Nationals

Foreign nationals who are subject to certain immigration procedures in Turkey may be transferred to a removal centre. Removal centres are used for specific immigration procedures involving foreign nationals, particularly where administrative detention has been imposed under the applicable legal framework.

Being transferred to a removal centre does not mean that every aspect of the person's immigration case is automatically resolved. A foreign national may still have legal remedies concerning deportation, administrative detention, entry restrictions or other immigration decisions.

A Turkey immigration lawyer can review the foreign national's documents and explain the available legal procedures.

What Is a Removal Centre in Turkey?

A removal centre is a facility where certain foreign nationals may be accommodated during immigration procedures.

Removal centres should be distinguished from ordinary prisons because immigration detention and criminal imprisonment have different legal purposes.

Why Can a Foreign National Be Sent to a Removal Centre?

Depending on the circumstances, a foreign national may be transferred to a removal centre after an administrative detention decision.

Possible circumstances can include:

• A deportation decision;
• Risk of absconding;
• Difficulty establishing identity;
• Immigration violations;
• Previous deportation;
• Certain entry or residence violations; or
• Other circumstances established by law.

The exact legal ground should be confirmed from the official documents.

Is Everyone Facing Deportation Sent to a Removal Centre?

No.

A deportation decision and administrative detention are separate measures.

A foreign national can be subject to a deportation decision without necessarily being placed in a removal centre.

Is a Removal Centre a Prison?

No.

A removal centre is an immigration facility rather than an ordinary criminal prison.

However, a detained person's freedom of movement can be restricted under the applicable administrative detention rules.

Can a Foreign National Be Transferred From Istanbul Airport?

Depending on the circumstances, a foreign national facing immigration procedures at Istanbul Airport may be transferred to a removal centre if the relevant legal conditions for administrative detention are satisfied.

What Happens at Istanbul Airport Before Transfer?

The authorities may conduct immigration checks and determine the person's immigration status.

Possible issues may include:

• Visa problems;
• Overstay;
• Entry bans;
• Tahdit codes;
• Deportation decisions;
• Residence permit problems; or
• Other immigration violations.

The foreign national should request information about the legal basis of the procedure.

Can an Inadmissible Passenger Be Transferred to a Removal Centre?

Refusal of entry and administrative detention are separate concepts.

Depending on the circumstances, a foreign national who is refused entry may remain under immigration control, while a formal administrative detention decision may lead to transfer to a removal centre.

Can a Foreigner Be Taken to a Removal Centre Because of Overstay?

An overstay does not automatically result in transfer to a removal centre.

Other circumstances and the legal requirements for administrative detention must be considered.

Can an Entry Ban Cause Transfer to a Removal Centre?

An entry ban by itself does not automatically mean that a foreign national must be detained.

The circumstances and legal basis of any detention decision should be examined.

Can a Tahdit Code Cause Transfer to a Removal Centre?

A Tahdit code is an immigration restriction.

The existence of a Tahdit code does not, by itself, establish that administrative detention is mandatory.

What Is Administrative Detention?

Administrative detention is an immigration measure that restricts a foreign national's liberty in circumstances established by law.

It is distinct from criminal arrest and imprisonment.

How Is Administrative Detention Ordered?

The relevant administrative authority can issue a detention decision where the statutory conditions are satisfied.

The foreign national should receive information about the decision and applicable legal remedies.

Can Administrative Detention Be Challenged?

Yes.

A foreign national can seek judicial review of an administrative detention decision through the applicable legal procedure.

Because deadlines may apply, legal advice should be obtained promptly.

Can a Lawyer Challenge Removal-Centre Detention?

A Turkey immigration lawyer can review the administrative detention decision and, where legally appropriate, initiate the relevant judicial procedure.

The lawyer can also examine whether circumstances have changed since the original detention decision.

Can a Foreign National Be Released From a Removal Centre?

Depending on the circumstances, administrative detention may be terminated when the legal conditions for continued detention no longer exist or through an applicable legal procedure.

The precise outcome depends on the individual case.

Can a Foreign National Be Released Without Leaving Turkey?

Depending on the circumstances, a foreign national may be released from administrative detention while remaining subject to another lawful immigration status or procedure.

Release from detention and lawful residence are separate issues.

Can a Removal-Centre Decision Be Appealed?

The precise legal remedy depends on the decision involved.

Administrative detention and deportation are separate matters and should be challenged through their respective procedures where applicable.

Can Deportation Be Challenged From a Removal Centre?

Depending on the circumstances, a deportation decision may be subject to judicial review.

A detained foreign national should seek legal advice promptly because statutory deadlines can apply.

What Is the Difference Between Deportation and Removal-Centre Detention?

Deportation concerns the removal of a foreign national from Turkey.

Removal-centre detention concerns the person's temporary accommodation and restriction of liberty in connection with immigration enforcement.

They are legally distinct measures.

What Is the Difference Between a Removal Centre and a Prison?

A prison is generally connected with criminal punishment or criminal proceedings.

A removal centre concerns immigration procedures and administrative detention.

The legal rights and procedures are therefore different.

Can Family Members Visit a Person in a Removal Centre?

Visitation arrangements depend on the applicable rules and the specific facility.

Family members should contact the facility or obtain legal assistance concerning available visiting procedures.

Can a Lawyer Visit a Detained Foreign National?

Subject to the relevant access procedures, a lawyer can provide legal assistance to a detained foreign national.

Can a Foreign National Contact Their Consulate?

Consular communication may be available to foreign nationals in immigration detention.

Consular assistance and legal representation are separate matters.

Can a Lawyer Obtain Information About the Case?

A lawyer representing the foreign national can review the documents made available through the relevant legal and administrative procedures.

The necessary authorisation and documentation may be required.

What Documents Should the Family Provide to the Lawyer?

Useful documents can include:

• Passport copy;
• Residence permit;
• Visa;
• Work permit;
• Deportation decision;
• Administrative detention decision;
• Notification documents;
• Marriage certificate;
• Birth certificates;
• Medical records;
• Employment records; and
• Other relevant evidence.

Can Family Circumstances Affect a Removal-Centre Case?

Family circumstances can be relevant depending on the legal procedure.

Examples include:

• Marriage to a Turkish citizen;
• Turkish children;
• Minor children;
• Family members legally residing in Turkey; and
• Custody arrangements.

Family relationships do not automatically terminate administrative detention.

Can Having a Turkish Child Be Relevant?

The existence of a Turkish child can be relevant to the overall immigration circumstances.

Evidence concerning the child's citizenship, age, custody and relationship with the foreign national may be important.

Can Medical Problems Affect Detention?

Medical circumstances may be relevant where supported by appropriate medical evidence.

The legal consequences depend on the individual case.

Can Humanitarian Circumstances Be Relevant?

Depending on the circumstances, humanitarian considerations may be relevant to immigration proceedings.

The foreign national should provide supporting evidence where available.

Can a Foreign National Work While in a Removal Centre?

A detained foreign national's ability to work is generally restricted by their immigration and detention status.

Any employment issue should be reviewed separately with a lawyer.

Can a Foreign National Apply for a Residence Permit While Detained?

The answer depends on the person's immigration status, the existence of a deportation decision and other legal circumstances.

A lawyer can determine whether a residence procedure is legally available.

Can a Foreign National Be Deported Directly From a Removal Centre?

A removal centre can be part of the process leading to the implementation of a deportation decision.

The foreign national should obtain legal advice before departure if they wish to challenge the deportation or another relevant decision.

What Happens After Deportation?

After removal from Turkey, the foreign national may face an entry restriction depending on the circumstances.

The person should determine whether a Tahdit code or entry ban has been recorded.

Can a Foreign National Return to Turkey After Being Deported?

Potential re-entry depends on the person's immigration history and whether an active entry restriction exists.

The foreign national should verify their status before travelling.

Can an Entry Ban Be Removed After Deportation?

Depending on the legal basis and circumstances, an entry restriction may be subject to an administrative or judicial procedure.

The specific restriction should first be identified.

Can a New Visa Allow Entry After Deportation?

A new visa does not necessarily override an existing entry ban.

The foreign national should verify the status of any previous immigration restriction before applying or travelling.

Can a New Passport Remove the Entry Restriction?

A new passport does not automatically remove a deportation record or entry restriction.

The underlying immigration decision must be addressed through the applicable procedure.

What Does a Removal Centre Lawyer Do?

A removal centre lawyer in Turkey can:

Review the Detention Decision

The lawyer examines the stated grounds for administrative detention.

Review the Deportation Decision

If a deportation decision exists, the lawyer assesses the legal basis and procedural options.

Check Deadlines

Relevant deadlines for judicial procedures are identified.

Review Family and Humanitarian Evidence

Documents concerning children, marriage, health or other relevant circumstances can be evaluated.

Check Entry Restrictions

Tahdit codes and entry bans can be investigated.

Initiate Legal Proceedings

Where appropriate, the lawyer can pursue the applicable judicial remedy.

Istanbul Removal Centre Lawyer

An Istanbul immigration lawyer can assist foreign nationals detained in or transferred from Istanbul Airport to a removal centre.

Potential legal matters include:

• Administrative detention;
• Deportation;
• Removal-centre procedures;
• Entry bans;
• Tahdit codes;
• Overstay;
• Residence permit issues;
• Visa problems; and
• Refusal of entry.

Assistance for English-Speaking Foreign Nationals

English-speaking foreign nationals can obtain legal assistance concerning removal-centre and deportation procedures.

Cosmos Legal law firm assists international clients with Turkish immigration matters.

Assistance for Russian-Speaking Foreign Nationals

Russian-speaking foreign nationals can receive assistance concerning:

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

Assistance for Arabic-Speaking Foreign Nationals

Arabic-speaking foreign nationals can also obtain legal assistance concerning removal-centre procedures, deportation and administrative detention.

How Cosmos Legal Law Firm Can Assist

Cosmos Legal law firm provides legal assistance concerning:

• Removal-centre procedures;
• Administrative detention;
• Deportation decisions;
• Deportation challenges;
• Entry bans;
• Tahdit codes;
• Overstay;
• Residence permits;
• Visa problems; and
• Istanbul Airport immigration matters.

Our lawyers can review the detention and deportation documents, assess the relevant deadlines and determine which legal procedures may be available.

Frequently Asked Questions

What is a removal centre in Turkey?

A removal centre is an immigration facility where certain foreign nationals may be accommodated during immigration procedures, including cases involving administrative detention.

Is a removal centre the same as a prison?

No. A removal centre is an immigration facility, while a prison is generally connected with criminal proceedings or punishment.

Can administrative detention be challenged?

Yes. The applicable legal framework provides a judicial review mechanism for administrative detention.

Can deportation be challenged while in a removal centre?

Depending on the circumstances, a deportation decision may be subject to judicial review.

Can a lawyer visit someone in a removal centre?

Subject to the applicable access procedures, a lawyer can provide legal assistance to a detained foreign national.

Can family members visit a detained foreign national?

Visitation depends on the applicable rules and the particular facility.

Can a foreign national be released from a removal centre?

Depending on the circumstances, administrative detention may be terminated when the legal conditions for continued detention no longer exist or through an applicable legal procedure.

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 other Turkish immigration matters.