Turkey Removal Centres: Administrative Detention, Deportation and Legal Assistance for Foreign Nationals

Foreign nationals who are subject to deportation procedures in Turkey may, under the applicable legal conditions, be placed in administrative detention and transferred to a removal centre.

For families and foreign nationals, being held in a Turkey removal centre can be a stressful and urgent situation. It is important to distinguish between the deportation decision itself and administrative detention, because they are separate legal measures and may require separate legal procedures.

This article explains the main issues concerning removal centres, administrative detention and the legal assistance available to foreign nationals in Turkey.

What Is a Turkey Removal Centre?

A removal centre is a facility used for certain immigration procedures involving foreign nationals who are subject to removal or related administrative measures.

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

The person's situation should be assessed based on the official decisions and records.

Why Are Foreign Nationals Sent to Removal Centres?

A foreign national may be subject to administrative detention in circumstances established by Turkish immigration law.

The underlying immigration issue can involve:

• Deportation proceedings;
• Unauthorised entry;
• Unauthorised stay;
• Overstay;
• Unauthorised employment;
• Identity or travel-document issues;
• Risk of absconding; or
• Other legally recognised circumstances.

The exact reason should be established from the official documents.

What Is Administrative Detention in Turkey?

Administrative detention in Turkey is an immigration-related measure that is different from criminal imprisonment.

It may be used in connection with removal procedures under the circumstances provided by law.

A foreign national should receive information concerning the relevant administrative decision and available legal remedies.

Is Administrative Detention the Same as Deportation?

No.

These are separate legal concepts.

Deportation

A deportation decision concerns the removal of a foreign national from Turkey.

Administrative Detention

Administrative detention concerns the temporary restriction of the foreign national's freedom in connection with immigration procedures.

A person can therefore face both measures at the same time.

Can Administrative Detention Be Challenged?

Depending on the circumstances, a foreign national may have legal remedies concerning administrative detention.

A lawyer can review:

• Detention decision;
• Reason for detention;
• Immigration history;
• Personal circumstances;
• Available evidence; and
• Applicable legal procedures.

The exact procedure depends on the case.

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

The duration of administrative detention is governed by Turkish immigration legislation and depends on the circumstances of the individual case.

Foreign nationals and their families should not rely on informal statements concerning the duration.

The official detention decision and subsequent administrative records should be reviewed.

What Happens Inside a Turkey Removal Centre?

A foreign national in a removal centre may be subject to immigration procedures concerning their status and possible removal.

The case can involve:

• Identity verification;
• Travel-document procedures;
• Deportation procedures;
• Communication with authorities;
• Legal consultations; and
• Arrangements concerning removal.

The precise process varies according to the circumstances.

Can a Lawyer Visit a Removal Centre?

Legal assistance may be available to foreign nationals held in removal centres.

A Turkey removal centre lawyer can assist with reviewing the person's immigration documents and explaining the applicable legal procedures.

Can Family Members Visit Someone in a Removal Centre?

Visitation rules can depend on the relevant facility and circumstances.

Family members should obtain accurate information about:

• Location of the foreign national;
• Identification;
• Visiting procedures;
• Communication options; and
• Legal representation.

What Should a Family Do When Someone Is Detained?

The family should try to obtain the person's:

• Full name;
• Passport information;
• Nationality;
• Location;
• Deportation decision;
• Administrative detention decision;
• Residence permit;
• Visa; and
• Other relevant documents.

If the person is unable to provide documents, a lawyer may assist in determining what information can be obtained through the relevant legal procedures.

Can a Lawyer Help Release Someone From a Removal Centre?

Depending on the circumstances, legal procedures concerning administrative detention may be available.

A lawyer can assess whether the legal requirements for continued detention are satisfied and determine which remedy may be appropriate.

No outcome can be guaranteed, because the result depends on the individual case and competent authorities.

What Is the Difference Between Removal Centre and Prison?

A removal centre is part of the immigration administration system and is not the same as a criminal prison.

The legal basis for detention, purpose of detention and applicable procedures are different.

A foreign national in a removal centre is generally there in connection with immigration and removal procedures rather than as punishment for a criminal conviction.

Can a Foreign National in a Removal Centre Be Deported?

A person held in a removal centre may be subject to removal procedures.

Whether and when removal takes place depends on the deportation decision, travel documents, administrative procedures and other circumstances.

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

Depending on the circumstances, a foreign national may have legal remedies concerning a deportation decision.

Because immigration cases can involve strict deadlines, legal documents should be reviewed promptly.

What If There Is No Deportation Decision?

Administrative detention and deportation should not automatically be treated as the same decision.

If a foreign national is detained, the lawyer should determine:

• Whether a deportation decision exists;
• Whether administrative detention has been ordered;
• What legal grounds are stated;
• Whether another immigration measure exists; and
• What legal remedies may be available.

What If the Foreign National Has a Turkish Family?

Family relationships can be relevant to an immigration case.

The foreign national may have:

• Turkish spouse;
• Turkish children;
• Foreign spouse with residence status;
• Family residence permit; or
• Other family ties in Turkey.

Relevant documents should be collected and presented for legal assessment.

Can Children Affect a Removal Centre Case?

The presence of children may be an important factual circumstance in some immigration proceedings.

Documents such as birth certificates, family records and residence documents may be relevant.

The legal consequences depend on the specific circumstances.

Can Medical Problems Affect Administrative Detention?

Medical circumstances can be relevant when properly documented.

The foreign national should provide available:

• Medical reports;
• Hospital records;
• Medication information;
• Treatment records; and
• Other relevant evidence.

The legal effect of the medical circumstances depends on the applicable law and individual case.

What If the Foreign National Does Not Have a Passport?

Lack of a valid passport or travel document can complicate removal procedures.

The authorities may need to establish the person's identity and travel-document status.

A lawyer can review whether the lack of documents affects the person's immigration situation.

What If the Foreign National Has Lost Their Passport?

The person should report the loss through the appropriate procedures and preserve any documentation relating to the missing passport.

Alternative identity and nationality documents may become relevant.

Can an Embassy Help a Foreign National in a Removal Centre?

A foreign national may seek consular assistance from their embassy or consulate.

However, consular assistance and legal representation are different.

The embassy may assist with consular matters, while an immigration lawyer can address Turkish legal procedures.

Can a Removal Centre Lawyer Help With Deportation?

Yes.

A lawyer can review the deportation decision and assess available legal remedies.

The lawyer may also examine whether administrative detention should be challenged separately.

What If the Foreign National Is at Istanbul Airport?

Foreign nationals experiencing immigration problems at Istanbul Airport may be subject to additional border procedures.

If the person is prevented from entering Turkey or is being held in connection with an immigration matter, the exact administrative measure should be identified.

Can Someone Be Transferred From Istanbul Airport to a Removal Centre?

Depending on the circumstances and applicable administrative decisions, a foreign national may be transferred from an airport or other location to a removal centre.

The family should obtain the location and relevant decision as soon as possible.

What Are Common Reasons for Removal Centre Cases?

Common immigration issues can include:

• Overstay;
• Unauthorised employment;
• Entry without proper authorisation;
• Visa violations;
• Residence permit problems;
• Previous deportation;
• Entry restrictions;
• Identity issues; and
• Other immigration violations.

The actual legal basis must be established from the official record.

What Happens if the Foreign National Has an Entry Ban?

An entry ban may affect the person's ability to enter Turkey.

If the person is already in Turkey and an entry restriction is discovered, the authorities may take additional administrative measures depending on the circumstances.

The relevant restriction should be identified before taking further action.

What Is a Tahdit Code?

A Tahdit code may indicate an immigration-related restriction or record.

Foreign nationals in removal-centre proceedings should determine whether a Tahdit code or another restriction exists in their immigration records.

Can a Tahdit Code Be Challenged?

Depending on the legal basis and circumstances, legal procedures may be available to challenge or seek removal of an immigration restriction.

The exact code and underlying administrative decision should first be established.

What Documents Should Be Sent to a Lawyer?

If available, family members should provide:

• Passport copy;
• Residence permit;
• Visa;
• Deportation decision;
• Administrative detention decision;
• Tahdit code information;
• Marriage certificate;
• Birth certificates;
• Medical reports;
• Employment documents; and
• Previous immigration correspondence.

Even incomplete documentation can be useful for an initial legal assessment.

What Does a Turkey Removal Centre Lawyer Do?

A lawyer may:

Review the Immigration History

Previous visas, residence permits, entries, exits and immigration violations are examined.

Review Administrative Decisions

Deportation and detention decisions are analysed separately.

Identify Legal Deadlines

Any applicable procedural deadlines are determined.

Collect Supporting Evidence

Family, medical, employment and other evidence may be collected.

Assess Legal Remedies

The lawyer determines which administrative or judicial procedures may be available.

Can an English-Speaking Lawyer Help?

Foreign nationals who speak English may seek assistance from a lawyer who can communicate with them in English and explain Turkish immigration procedures.

This can be especially important when the person is unfamiliar with Turkish administrative terminology.

Can a Russian-Speaking Foreign National Receive Legal Assistance?

Russian-speaking foreign nationals may require assistance understanding Turkish immigration decisions, especially when they or their families receive documents in Turkish.

The lawyer can review the official documents and explain the legal issues.

Can an Arabic-Speaking Foreign National Receive Legal Assistance?

Arabic-speaking foreign nationals and their families can also seek legal assistance concerning removal centres, deportation, administrative detention and entry restrictions.

Cosmos Legal law firm provides legal assistance to international clients dealing with Turkish foreigners-law matters.

How Cosmos Legal Law Firm Can Assist Removal Centre Cases

Cosmos Legal law firm assists foreign nationals and their families with immigration matters connected with Turkish removal centres.

Our services may include:

• Administrative detention review;
• Removal-centre legal assistance;
• Deportation decision review;
• Deportation appeal procedures;
• Applications concerning detention;
• Entry-ban investigations;
• Tahdit code cases;
• Istanbul Airport immigration problems;
• Residence permit disputes; and
• Other Turkish foreigners-law matters.

Each case is reviewed individually according to the official documents and the foreign national's immigration history.

Frequently Asked Questions

What is a Turkey removal centre?

A removal centre is a facility used for certain immigration procedures involving foreign nationals subject to removal-related administrative measures.

Why are foreigners detained in Turkey?

Administrative detention can arise in circumstances established by Turkish immigration law, particularly in connection with removal procedures.

Is a removal centre the same as a prison?

No. A removal centre and a criminal prison have different legal purposes and legal regimes.

Can administrative detention be challenged?

Depending on the circumstances, legal remedies concerning administrative detention may be available.

Can a lawyer visit someone in a Turkey removal centre?

Legal assistance may be available to foreign nationals held in removal centres, subject to applicable procedures.

Can someone in a removal centre challenge deportation?

Depending on the circumstances, a deportation decision may be subject to a legal challenge.

Can a foreign national be released from a removal centre?

Depending on the circumstances and applicable legal requirements, procedures concerning administrative detention may be available.

Can Cosmos Legal law firm help someone in a Turkey removal centre?

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