How to Leave the Removal Center?
Leaving the removal center, removal of the administrative detention decision given for the foreigner, acceptance of the objection to the criminal judge of peace, implementation of alternative obligations to administrative detention, and or it may be possible if the deportation process is concluded in another way. Being in the center is not a criminal detention, but an administrative measure based on Law No. 6458.
The first thing to do is to reach not only the deportation decision but also the administrative detention decision separately. These two processes are subject to different authorities and different application procedures. Just because one is objected to does not mean that the other one is automatically abolished. If there is a previously completed deportation process against the person Re-entry opportunities after deportation should be evaluated separately.
Who Can Be Taken to the Removal Center?
Foreigners who are at risk of escaping or disappearing, for whom a deportation decision has been issued, who violate the rules of entry or exit to Turkey, who use forged documents, who are at risk of escape within the given period, Administrative detention decisions may be taken for persons who do not leave the country or who are considered to pose a risk to public order and security.
The justification for the decision must be notified to the person or his legal representative. The foreigner must be informed about the outcome of the decision and the objection procedure and deadlines.
What Documents Should Be Collected in the First 24 Hours?
- Deportation decision and notification report,
- Administrative detention decision and its justification,
- arrest or transfer documents,
- passport and identity information,
- Immigration Administration interview and registration forms,
- medical examination or medication reports,
- Address, family, work and education documents in Turkey
must be provided. The content of the documents signed by the foreigner in a language he does not understand should be explained with the help of a translator and readable copies should be taken.
How to Object to Administrative Detention Decision?
The foreigner, his legal representative or his lawyer may appeal to the criminal judge of peace against the administrative detention decision. The application does not automatically suspend administrative detention. The judge conducts his/her review within the short period stipulated by law and the decision is final; Re-application is possible if conditions change.
In the objection, not only the request for "release" should be explained, but also why there is no justification for surveillance. It can be documented that a fixed address, family connection, valid ID, no risk of flight, health status and alternative obligations will be sufficient.
Regarding meeting with the person at the center and accessing documents, Attorney Mehmet Emin Kurşun follows the application dates and institution registration numbers in a separate chronology.
What Elements Are Examined in a Peace Penal Application?
| subject under study | Document that can be submitted |
|---|---|
| Risk of running away or getting lost | Fixed address, rental agreement, family and business records |
| Identification | Passport, consular letter, birth certificate |
| Health and special needs | Hospital report, medication and treatment records |
| Family unity and children | Marriage, birth, custody and school documents |
| Adequacy of alternative measure | Address notification, guarantee or regular notification plan |
Each document must be current, verifiable and compatible with the alien's identity.
How Long Can Administrative Detention Last?
According to Law No. 6458, the administrative detention period in the removal center cannot exceed six months as a rule. If the deportation process cannot be completed due to the foreigner not cooperating or not providing correct information and documents about his country, the period can be extended for a maximum of six months.
The total upper limit does not mean that surveillance will continue in every case until the end. The Governorship should regularly evaluate every month whether there is a necessity for the continuation of administrative surveillance; The measure should be terminated when it is no longer necessary.
Why is Monthly Review Important?
Even if the initial decision included grounds for surveillance, circumstances may change over time. Providing an identity document, providing a fixed address, deterioration of health condition, emergence of family circumstances or inability to actually carry out deportation will result in a new evaluation. requires.
The legality of administrative detention should be evaluated in terms of necessity and proportionality not only at the date of the first decision, but also in every period during which the measure continues.
Alternative Obligations to Administrative Detention
According to the law, residence at a certain address, reporting, family-based return, return consultancy, volunteering in services for the public good, security and screening. Alternatives such as tronic monitoring have been arranged. One or more obligations may be applied together.
Alternative measures can provide exit from the center; However, it does not eliminate the deportation decision. If the foreigner does not comply with the notification and address obligations, administrative detention may be decided again.
A Separate Lawsuit Should Be Filed for the Deportation Decision
The objection to administrative detention is related to the detention of the foreigner in the centre. The illegality of the deportation decision is the subject of an annulment case in the competent administrative court. The short litigation period in the law, starting from the notification, should not be missed.
Objection to deportation decision reasons and case process on its page; For those who cannot be sent ban on repatriation The protection policy is explained on the page.
If You Have a Health Problem or Special Need
Special cases such as serious illness, regular medication use, pregnancy, disability, old age, victimization of torture or human trafficking are reported to the center's health unit and the office managing the file. It should be reported. Current reports and drug prescriptions should be submitted and the necessary examination should be requested.
Health condition is not always an automatic reason for evacuation; It is evaluated in terms of the proportionality of the measure, the conditions of the center and the applicability of the deportation decision.
Attorney Mehmet Emin Kurşun follows the administrative detention and deportation decision as separate legal proceedings in the repatriation center files and determines the relevant application method for each decision. rler.
Right to Visit Family and Consulate
The foreigner under administrative detention must have access to a lawyer, legal representative, relatives and consular officials of the country of his/her citizenship. Opportunities to meet with international protection organizations may also be provided within the framework of the legislation.
He/she must learn the impact of communication with the foreign consulate on his/her own file. Consular contact may be particularly sensitive for international protection applicants who claim that they cannot seek protection from their state of origin.
Does a Request for International Protection Enable Exit from the Centre?
The international protection request must be received and forwarded to the competent unit; However, merely submitting an application does not automatically remove administrative detention in all cases. The nature of the request, its acceptability, its impact on the deportation decision and the reason for surveillance are evaluated separately.
The application must be based on a real risk of persecution or serious harm. False statements undermine the reliability of the file.
What Should Be Done After Leaving the Center?
- A decision is taken to release or remove administrative detention.
- Address and notification obligations are learned in writing.
- Upcoming signature or inspection dates are marked on the calendar.
- Deportation cases and other administrative applications are followed.
- Passport, residence and legal stay status are re-evaluated.
Being released does not mean that the right to stay indefinitely in Turkey is granted. It should be determined with what status and with what responsibilities the person goes out.
Tracking of In-Center Registration and Applications
It is important to track the applications made by the person at the center with their date and registration number. Records of meetings with the directorate, notified decisions, requests regarding health or family status, and lawyer meetings should be kept separately. It is often not enough for a request to be conveyed verbally; In possible transactions, a written application should be made, a receipt record should be requested and the process should be timed. Documenting it in a logical manner ensures that subsequent objections can be established in a sound manner.
If the person does not understand the language, the request for an interpreter, the opportunity to learn the content of the decisions and access to a lawyer should be followed separately. Relatives should not only get information by phone, but also collect the person's identity information, foreigner identification number, center name and decision dates in an organized file. Thus, the administrative detention objection and the application against the deportation decision can be carried out without confusion.
What Procedures Does Legal Support Cover?
Meeting with the foreigner at the center, receiving decisions and notifications, objection to the criminal judge of peace, documentation of alternative measures, annulment case against deportation decision and monthly surveillance. Follow-up of the IM evaluation may be within the scope of legal support. No application guarantees release or litigation outcome.
In terms of the person sent out of Türkiye after leaving the center lifting the entry ban and subsequent travel conditions should also be followed.
Frequently Asked Questions
Is the repatriation center a prison?
No. Administrative detention is an administrative measure applied for immigration and deportation procedures; nevertheless, it is subject to judicial review because it limits personal freedom.
How many times can administrative detention be objected to?
If conditions change or surveillance continues after the first application result, a new application can be made based on the new legal situation.
Can a foreigner who does not have a lawyer receive legal aid?
A person who does not have financial means can request legal aid within the framework of the Law on Lawyers, if he/she meets the conditions.
Is it possible to leave the center if I do not have a passport?
Identification and deportation are affected. Identity work can be done with consular or other official documents; The result varies depending on the file.
Does providing a family address guarantee eviction?
No. A fixed address is important in the assessment of escape risk, but all surveillance grounds are examined together.
Does the deportation order end when you leave the centre?
No. Removing administrative detention does not automatically eliminate the deportation decision; Cases and liabilities are also tracked.
Legal information: This content has been prepared for general information purposes. Concrete legal situation; It should be evaluated separately according to the foreigner's citizenship, current status, administrative detention and deportation decisions, documents and current legislation.
