THE DEPORTATION OF FOREIGNERS, THE RESTRICTION CODES, AND THE RULES OF PROCEDURE IN TURKEY
THE DEPORTATION OF FOREIGNERS, THE RESTRICTION CODES, AND
THE RULES OF PROCEDURE IN TURKEY
Att. A. Vahit KAYA LLM- MBA
Att. Dilay RESITOGLU, LLB
May 2020 Istanbul
In our study, we examine the procedures on the appeal for cancellation of the restriction codes for foreigners, deportation, and invitation to leave Turkey within the scope of the administrative proceedings implemented by the Turkish Ministry of the Interior, the Immigration Authority, and Governorates, and necessary applications to be made to the relevant authority in such cases.
A. Restriction Codes
The restriction codes are short codes which consist of letters such as A, G, N, C, V, H, M, O, Y, and numbers from 1 to 200 for the restrictions on entry-exit of the Turkish citizens or foreigners from the border gates or airports. Some restriction codes are as follows:
- V-69 (Persons whose residence permit has been cancelled)
- V-70 (Sham marriage)
- V-71 (Persons who are not found in their address)
- G-78 (Foreigners who carry infectious diseases)
- V-84 (Foreigners who have entered the country on condition that they receive their residence permit within ten days)
- G-87 (Persons who pose a danger for general safety)
- C-113 (Illegal entry-exit)
- C-114 (Foreigners with judicial proceedings against them)
- C-115 (Foreigners who have been released from prison)
- C-116 (Foreigners who endanger public morality and health)
- C-117 (Persons who work illegally)
- C-118 (Foreigners whose residence permit is invalid)
- C-119 (Foreigners who receive a fine due to illegal work, but have not paid the fine)
- C-120 (Foreigners who receive a fine due to the violation of visa and residence permit, but have not paid the fine)
- C-135 (Persons who violate the Foreigners and International Protection Act)
- C-136 (Persons who have not paid their travel expenses)
- C-137 (Foreigners who have been invited to leave)
- C-138 (Stubborn passengers)
- K (Persons who are sought by the authorities for smuggling)
- N-99 (the Interpol code)
- O-100 (Refugees whose district is unknown and who are forbidden to enter the country)
- N-82 (Foreigners whose entry to the country is subjected to a preliminary permission)
In our country, there are various restriction codes for foreigners who travel or reside in our country due to different reasons. Therefore, the period of the foreigners to enter the country again shows a change. An annulment action with the demand for the stay of execution in the administrative court can be taken, or, in some cases, only an administrative application can be sufficient to remove the restriction code. The application to be made varies by the administrative unit that imposes the restriction code. According to the administrative units that make a decision on the codes, there are five types of restriction codes, as stated below:
- Restriction codes imposed by a court decision
- Restriction codes imposed by decision of (the Ministry of the Interior) the Directorate of Immigration Authority
- Restriction codes imposed by decision of (the Ministry of the Interior) the Directorate General of Security
- Restriction codes imposed by decision of the Ministry of Labor
- Restriction codes imposed by decision of the Interpol and the Intelligence Units.
B. Administrative Application for Removal of the Restriction Codes under Turkish Law
Here, the reason for the prohibition of entry to Turkey is important. For instance, foreigners, who go out from the country without paying the fine imposed due to a visa violation, are subjected to the prohibition of entry for 5 years. However, this kind of prohibition can be removed by obtaining an annotated visa. Foreigners, who are forbidden to enter Turkey, can obtain an annotated visa such as marriage visa, employment visa, education visa, and visa for treatment purpose, and then, can enter Turkey again.
Deportation decision can be made by the relevant governorate on its own responsibility, or in accordance with the order of the Directorate General of Immigration Authority within the scope of the article nr. 53 of the 6458 numbered Foreigners and International Protection Law. Within the scope of the same law, it has been decided that foreigners’ entry to Turkey can be prohibited for a period of five years at most.
A foreigner with a restriction code for deportation may be caught by the law enforcement forces, or, the foreigner may be reported by an administrative institution (for instance, governorates) to the relevant authorities. The foreigner caught is taken to a hospital for medical examination. Then, s/he is taken to the place determined by the Provincial Immigration Authority for such situations. In the Provincial Immigration Authority, necessary documents on deportation of the foreigner are prepared. In accordance with the records on the restriction codes imposed, foreigners may be detained by the General Directorates of Security, may be transferred to repatriation centers, and may be kept in the country until they are deported unlawfully. It is recommended that the foreigners, who have a restriction code record due to a certain mistake and illegality, work together with competent lawyers. Before the decision on deportation, a competent lawyer can meet with the Provincial Immigration Authority, exchange necessary correspondence with the relevant authorities, object to the decision and end the period of wrongful detention of the foreigner, collect necessary documents, and sometimes at this stage, provide the cancellation of the procedure before being submitted to the jurisdiction. It is crucial to state that it is very important to work with a lawyer to manage such a process in the best manner.
Foreigners whose documents are prepared are sent to the relevant repatriation center. For Istanbul, a foreign woman with a restriction code is sent to the Repatriation Center in Silivri while a foreign man with a restriction code is sent to the Repatriation Center in Catalca. When all transactions of the foreigner, who has been sent to the repatriation center, are completed, s/he shall be sent to her/his country if there is not any action brought against her/him.
C. What is the Invitation to Leave?
The decision on deportation may be determined as a result of the procedure proceedings followed by a lawyer, or, the relevant authority may make a decision on the invitation to leave. If there are conditions such as a suspicion of escaping or hiding, illegal entry-exit, and business activities performed with fraudulent documents, the procedure on the invitation to leave is not applied for the foreigner to be deported.
Within the scope of the procedure on the invitation to leave, the foreigner shall not have to be sent to the repatriation center immediately. If the foreigner does not leave the country within this period, a complicated procedure such as being caught and sent to the repatriation center is applied. In this case, the foreigner is granted minimum 15 days and maximum 30 days to leave Turkey. The foreigner shall be informed on that a warrant of arrest shall be issued against her/him and that s/he shall be subjected to an administrative detention in accordance with the article nr. 57 of the 6458 numbered Foreigners and International Protection Law if s/he does not leave Turkey. This period provides an advantage to appeal to the court for the stay of execution. If a decision on deportation has been made directly against the foreigner, s/he shall have the right to file an annulment action with the period of prescription for 15 days granted by law. Within this period, the foreigner shall be kept at the repatriation centers. However, in the procedure on the invitation to leave, the foreigner shall not be kept at the repatriation centers, and shall have the right to appeal to the administrative courts for the stay of execution within the prescribed time, and may stop the procedure until the action has been concluded.
D. Action for Annulment of the Decision on Deportation
a. Period of Prescription : The relevant person should file an annulment action within 15 days from the notification of the decision on deportation to her/him. However, there is not any period of prescription for the action for annulment of the restriction code, and the person shall have the right to demand for annulment of the restriction code at any time.
b. Competent and Authorized Courts : As the decision on deportation is an administrative action, the administrative courts shall review its compliance with the law, and shall be competent for annulment actions. In addition, the authorized court is the court where the authority that makes the administrative action decision is located. If this decision has been made by the Directorate General of Immigration Authority, the action shall be taken at the Administrative Courts in Ankara against the Ministry of the Interior. On the other hand, if the relevant decision has been made by the governorates, the provincial administrative courts where the relevant governorate is registered shall be authorized. In other words, the foreigner with the decision of deportation should file the action for annulment of the decision at the administrative court in the place where the authority that applies the relevant procedure is located.
The procedure on duties and authorities is the same for the actions to be taken for cancellation and removal of the restriction codes, depending on the reason of the deportation decision made for the foreigner. In other words, the foreigner should file the action at the administrative court in the place where the authority that register the code in the foreigner’s records.
c. Lawsuit Process in Turkey against Deportation Decision : As a rule, an action filed for annulment of the decision on deportation shall prevent the foreigner from being deported from the country. For this reason, the foreigner shall not be deported from the country until the court decision has been made. However, with the amendment made in the 6458 numbered Turkish law which titled of Foreigners and International Protection Act in 2016, it has been stated that the deportation procedure can be initiated without waiting for the court decision for some individuals. Within this scope, as stated in the paragraphs b, d and k of the article nr. 54 in the 6458 numbered Foreigners and International Protection Act, the court decision shall not be waited for initiation of the deportation procedure for the below-mentioned individuals.
- Individuals who are members of a terrorist organization,
- Individual who pose a threat for the public order, public security or public health,
- Individuals who are determined by international institutions and organizations that they are associated with terrorist organizations.
When the decision on deportation has been made for the foreigners, who receive a residence permit, work and reside in Turkey unlawfully and unjustly, and for their family members, it may bear unrecoverable consequences. In this case, it is necessary to file an action for annulment at an administrative court and to demand for the stay of execution. In accordance with the provision of the article numbered 125 of the constitution, “Recourse to judicial review shall be available against all actions and acts of the administration. If the implementation of an administrative act should result in damages which are difficult or impossible to compensate for, and at the same time this act is clearly unlawful, a stay of execution may be decided upon, stating the reasons.’’
The legal legislation regarding the deportation of the foreigners is complicated in Turkey. As the decision on deportation is an administrative decision, not a court decision, it may result in damages which are impossible to compensate for. Especially, some foreigners, who should not be deported, can be deported unlawfully though they may encounter various dangers in the countries they will go.
When the annulment of an administrative action is demanded, it should be reviewed whether the aim of the relevant action is proper for the public interest. Administrative actions without a legal reason are annulled by the administrative courts. If the compatibility of such an action has not been considered in terms of its type, reason, aim and subject and if it has not been checked whether there is any lawsuit filed for the previous action regarding the administrative action, continuation of the action without seeking a solution may bear unrecoverable consequences. For this reason, it is necessary to manage the legal procedure rapidly and properly to prevent such consequences. The Turkish Constitutional Court and the European Court of Human Rights should be applied if any result cannot be achieved from the administrative courts. It should not be forgotten that such important decisions are administrative decisions which may cause a violation of the human rights. Therefore, as mentioned above in detail, a foreigner should apply to an experienced lawyer for a legal support if the decision on deportation has been made against her/him.
Our law office, which performs its activities in our country that has become a receiving country within the last quarter-century, provides legal support and consultancy services on various procedures such as the removal of the restriction codes on the foreigners and the annulment of the decision on deportation, through our experienced lawyers and consultants.
Turkish Court Decisions concerning to the subject of Deportation and Restriction codes
- The First Administrative Court in Ankara, 2014/2342 E (merits no.). 2015/2264 K (decision no.) Decision Date: 12/11/2015,
- The First Administrative Court in Ankara, 2015/1857 E. 2015/2832 K. Decision Date: 18/12/2015,
- The First Administrative Court in Ankara, 2014/1660 E. 2015/818 K. Decision Date: 17/04/2015,
- The First Administrative Court in Istanbul, 2015/583 E. 2015/1895 K. Decision Date: 08/10/2015,
- The Ninth Administrative Court in Istanbul, 2007/784 E. 2008/569 K.
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