Turkey Removal Centres: What Foreign Nationals Should Know About Detention and Deportation Procedures

Foreign nationals who face a deportation procedure in Turkey may, depending on the circumstances, be transferred to a removal centre in Turkey.

For a foreign national and their family, being transferred to a removal centre can be confusing and stressful. The person may not know why they have been detained, how long the procedure will take, whether they can challenge the decision, or how they can return to their family.

This article explains the main legal issues concerning Turkey removal centres, administrative detention and deportation procedures.

What Is a Removal Centre in Turkey?

A removal centre is a facility used in connection with immigration procedures involving foreign nationals.

A foreign national may be transferred to such a facility when the authorities have imposed administrative detention under the applicable immigration rules.

A removal centre should therefore be distinguished from a prison used for criminal sentences.

Why Is a Foreign National Sent to a Removal Centre?

A foreign national may be transferred to a removal centre in circumstances connected with a deportation procedure and administrative detention.

Possible circumstances may include:

• Immigration violations;
• Overstay;
• Unauthorised employment;
• Previous immigration decisions;
• Identity or travel-document problems;
• Risk of absconding; or
• Other circumstances established by Turkish law.

The exact reason should be determined from the official administrative documents.

Is Being in a Removal Centre the Same as Being Deported?

No.

A person can be placed in a removal centre while an immigration procedure is continuing.

Administrative detention and deportation are separate legal measures.

A foreign national may need to challenge one or both depending on the circumstances.

Can a Foreign National Be Sent to a Removal Centre From Istanbul Airport?

Depending on the circumstances, a foreign national experiencing an immigration problem at Istanbul Airport may be subject to additional procedures.

These can include:

• Refusal of entry;
• Administrative detention;
• Transfer to a removal centre;
• Deportation-related procedures; or
• Other immigration measures.

The precise procedure depends on the individual case.

What Happens After Transfer to a Removal Centre?

After transfer, the foreign national may remain there while the relevant immigration procedure is carried out.

The person's situation may involve:

• Deportation decision;
• Administrative detention;
• Travel-document arrangements;
• Entry restriction;
• Tahdit code; or
• Other immigration matters.

The official documents should be reviewed to determine the exact legal status.

How Long Can a Foreign National Stay in a Removal Centre?

The applicable period of administrative detention is regulated by Turkish immigration law.

The length can depend on the circumstances of the case and whether the legal requirements for continuing detention remain satisfied.

A foreign national who remains detained should obtain legal advice concerning the current status of the detention.

Can Administrative Detention Be Challenged?

Yes.

A foreign national subject to administrative detention may have a legal right to challenge the detention through the applicable judicial procedure.

The detention challenge is separate from the challenge to a deportation decision.

Can a Deportation Decision Also Be Challenged?

Depending on the circumstances, yes.

If the person has received a deportation decision, a lawyer should examine the decision, notification date and applicable legal remedy.

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

Can You Be Released From a Removal Centre?

The possibility of release depends on the circumstances and the applicable legal framework.

A legal assessment may consider:

• Whether administrative detention is lawful;
• Whether the reasons for detention continue;
• Whether another legal status exists;
• Whether a deportation challenge has been filed; and
• Other relevant circumstances.

Release from detention does not necessarily cancel a deportation decision.

What Is the Difference Between a Removal Centre and Prison?

A removal centre is connected with immigration and removal procedures.

A prison generally concerns criminal proceedings or criminal sentences.

A foreign national in a removal centre should therefore understand that administrative detention is not automatically a criminal punishment.

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

The applicable immigration framework provides rights and procedures for foreign nationals subject to administrative detention.

Depending on the circumstances, these can include rights concerning:

• Legal assistance;
• Information about the proceedings;
• Communication;
• Judicial review of detention; and
• Other procedural safeguards.

The practical exercise of these rights depends on the individual circumstances.

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

Legal assistance can be provided to foreign nationals in removal centres, subject to applicable procedures and practical arrangements.

A lawyer may need to review:

• Passport;
• Deportation decision;
• Administrative detention decision;
• Residence permit;
• Visa;
• Work permit; and
• Previous immigration records.

Can Family Members Contact Someone in a Removal Centre?

Communication and visitation arrangements can depend on the particular facility and applicable rules.

Family members should obtain information through the relevant authorities or through a lawyer representing the detained foreign national.

What If the Family Does Not Know Where the Person Is?

If a family member has lost contact with a foreign national following an immigration intervention, it may be important to establish:

• Whether the person was detained;
• Which facility they were transferred to;
• Whether a deportation decision exists;
• Whether administrative detention was imposed; and
• Whether legal proceedings have started.

A lawyer can assist with determining the person's legal and administrative status.

What If the Foreign National Does Not Speak Turkish?

Language difficulties can make removal-centre procedures especially difficult.

The foreign national should be able to understand the nature of the administrative proceedings and relevant decisions.

For English-, Russian- and Arabic-speaking clients, appropriate language support can be important when reviewing Turkish immigration documents.

What If the Foreign National Has a Turkish Spouse?

Marriage to a Turkish citizen may be relevant to the person's individual circumstances.

Useful documents can include:

• Marriage certificate;
• Turkish spouse's identity document;
• Evidence of shared residence;
• Family photographs or correspondence where relevant; and
• Other evidence concerning family life.

Marriage does not automatically result in release from a removal centre or cancellation of deportation.

What If the Foreign National Has Children in Turkey?

Children living in Turkey may be relevant to the legal assessment.

Family members should collect:

• Birth certificates;
• Custody documents;
• School records;
• Residence documents; and
• Other relevant evidence.

The legal significance depends on the specific immigration case.

Can Medical Circumstances Be Relevant?

If the detained foreign national has significant medical circumstances, official medical documentation should be collected.

This may include:

• Medical reports;
• Hospital records;
• Treatment documents;
• Prescription information; and
• Other relevant medical evidence.

The legal relevance of medical evidence depends on the circumstances.

Can Overstay Lead to a Removal Centre?

An overstay can result in immigration consequences, depending on the circumstances.

The authorities may consider:

• Length of overstay;
• Visa or residence status;
• Date of departure;
• Administrative fine;
• Previous immigration history; and
• Other relevant factors.

Not every overstay automatically leads to administrative detention.

Can Unauthorised Employment Lead to a Removal Centre?

Unauthorised employment can have immigration consequences.

If the foreign national has been transferred to a removal centre following an alleged work-permit violation, relevant documents may include:

• Work permit;
• Employment contract;
• Employer information;
• SGK records;
• Administrative decisions; and
• Other employment evidence.

Can a Residence Permit Problem Lead to Detention?

Depending on the circumstances, a residence permit rejection, cancellation or related immigration violation can become relevant to a removal procedure.

However, the precise legal basis for detention should always be established from the official decision.

What Is a Tahdit Code in a Removal Centre Case?

A Tahdit code may indicate a restriction or related immigration record.

If a detained foreign national is told that they have a Tahdit code, the exact code and legal basis should be identified.

The consequences depend on the specific restriction.

Can a Removal Centre Case Result in a Turkey Entry Ban?

A deportation procedure may be associated with an entry restriction.

Before attempting to return to Turkey, a foreign national who has previously been detained or deported should determine:

• Whether an entry ban exists;
• Duration of the restriction;
• Whether a Tahdit code exists; and
• Whether a legal procedure is available to challenge the restriction.

What Documents Should the Family Provide to a Lawyer?

Useful documents include:

• Passport copy;
• Previous passports;
• Residence permit;
• Visa;
• Work permit;
• Deportation decision;
• Administrative detention decision;
• Marriage certificate;
• Children's documents;
• Medical reports; and
• Previous immigration correspondence.

The more complete the immigration history, the easier it may be to identify the relevant legal issues.

Can a Lawyer Challenge Both Detention and Deportation?

The lawyer can assess both measures, but they are legally distinct.

A case may require separate procedures concerning:

1. Administrative detention; and
2. Deportation.

The appropriate legal route depends on the official decisions and circumstances.

What If the Person Is About to Be Deported?

If deportation is imminent, the family should obtain legal assistance immediately.

The lawyer should identify:

• Whether a deportation decision exists;
• Whether the decision can be challenged;
• Whether an administrative detention decision exists;
• Whether any procedural deadline is approaching; and
• Whether other legal remedies are available.

Can a Foreign National Return to Turkey After Deportation?

This depends on whether an entry restriction has been imposed and its current status.

A person who has previously been deported should investigate their immigration record before attempting to return.

How Cosmos Legal Law Firm Can Assist With Removal Centre Cases

Cosmos Legal law firm assists foreign nationals and their families with Turkey removal centre and administrative detention cases.

Our services may include:

• Removal-centre legal assistance;
• Administrative detention challenges;
• Deportation case review;
• Deportation challenges;
• Entry-ban investigations;
• Tahdit code matters;
• Istanbul Airport immigration cases;
• Residence permit disputes;
• Work permit-related immigration matters; and
• Other Turkish foreigners-law procedures.

Our lawyers can review the official decisions and immigration records 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 in connection with certain immigration procedures involving foreign nationals, including cases involving administrative detention.

Is a removal centre the same as a prison?

No. A removal centre is primarily connected with immigration and removal procedures rather than criminal punishment.

Can I challenge detention in a removal centre?

Yes. Administrative detention can be subject to judicial review under the applicable legal procedure.

Can I challenge deportation while in a removal centre?

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

Can a lawyer visit someone in a Turkey removal centre?

Legal assistance can be provided to detained foreign nationals, subject to applicable procedures and arrangements.

Can a Turkish spouse help with a removal-centre case?

Marriage may be relevant to the foreign national's individual circumstances, although it does not automatically cancel detention or deportation.

Can children in Turkey affect the case?

Family circumstances may be relevant where legally applicable and should be supported by appropriate documentation.

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.