How to Leave the Removal Center?

In order to leave the repatriation center, the legal basis of the administrative detention decision given about the foreigner must first be examined. Administrative oversight; It is an administrative measure to keep the foreigner in the repatriation center while the deportation procedures are ongoing.

Staying in a removal center does not necessarily mean that the person will be deported in a short time. An appeal may be made to the criminal judgeship of peace against the administrative detention decision. In addition, if it is determined in the monthly evaluation made by the governorship that there is no need for continued surveillance, the foreigner may be released and subjected to alternative obligations.

Is It Possible to Leave the Removal Center?

Yes. If the legal conditions for administrative detention do not exist, if they have subsequently disappeared, or if the continuation of detention has become disproportionate, it is possible to revoke the decision.

Exit from the repatriation center can mainly be done in the following ways:

• Removal of the administrative detention decision by the governorship,
• The criminal judgeship of peace finds administrative detention unlawful,
• Implementation of alternative liability instead of administrative detention,
• Completion of the deportation process,
• Foreigners to benefit from the voluntary repatriation process.

How to Object to Administrative Detention Decision?

A foreigner under administrative detention, his legal representative or lawyer may apply to the criminal judgeship of peace. The application can be made directly to the judgeship, or it can be delivered to the repatriation center management or the relevant administrative authority. In connection with this topic Interpol Lawyer You can also review the content titled .

The criminal judgeship of peace must finalize the application within five days. Submitting the application does not automatically stop administrative detention. The foreigner may continue to be held in the removal center until a decision is made.

On what grounds can release be requested?

Each file is evaluated on its own terms. The following reasons may be put forward in the application to the criminal judgeship of peace:

• No risk of escape or loss,
• The foreigner must have a fixed and verifiable address,
• Having strong family ties in Türkiye,
• Identity and travel documents must be submitted to the administration,
• Cooperating with the administration regarding the deportation procedures of the foreigner,
• None of the conditions requiring the continuation of administrative detention,
• The health condition is not suitable for being kept in the repatriation center,
• A milder measure is sufficient instead of administrative detention,
• Lack of concrete and personalized justification for the surveillance decision.

In order for the application to be accepted, it is important that the claims are supported by documentation. Simply stating that the foreigner wishes to be released may not be sufficient.

How Long is the Administrative Detention Period?

As a rule, the administrative detention period at the removal center cannot exceed six months. 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 may be extended for a maximum of six months.

The governorship should regularly evaluate every month whether there is a need for continued administrative surveillance. If necessary, an evaluation can be made without waiting for thirty days.

Expiry of the maximum period does not by itself remove the deportation decision. However, the detention of the foreigner in the repatriation center should be terminated and, if deemed necessary, alternative obligations should be applied. About the relevant aspect of the process Removal of Deportation Decision There is detailed information on the page.

What are the Alternative Obligations to Administrative Detention?

A foreigner whose detention in a removal center is not deemed mandatory may be released and subjected to one or more alternative obligations.

• Residing at a certain address,
• To notify at specified times,
• Participating in a family-based repatriation program,
• Benefit from return consultancy,
• Taking part in public interest services based on volunteering,
• Providing collateral,
• Subject to electronic monitoring.

The implementation period of alternative obligations cannot exceed 24 months. If these obligations are not complied with, the foreigner may be placed under administrative detention again.

Does Showing a Fixed Address Ensure Release?

A fixed and verifiable address is important to show that there is no risk of escape. However, it is not the sole reason for release.

Lease agreement, title deed document, documents regarding accommodation with the family and identity information of the address owner can be added to the application. The address must be actually usable and verifiable by public authorities.

Are family and health conditions taken into account?

Aspects such as Turkish citizen spouse or child, continuing education in Türkiye, family member in need of care and long-term settled life can be used when evaluating the proportionality of administrative detention.

Current medical reports must be submitted if there is serious illness, pregnancy, disability or need for ongoing treatment. Instead of merely stating the health problem, the diagnosis, need for treatment, and the impact of the repatriation center conditions on the person should be documented.

Does Filing a Deportation Case Enable Leaving the Removal Center?

No. Filing a lawsuit against the deportation decision in the administrative court and objecting to the administrative detention decision are different legal processes. Objection to Administrative Detention Decision content explains other legal points related to this stage.

A lawsuit filed against a deportation decision may prevent the implementation of the deportation process when the conditions are met. However, in order for the foreigner to be removed from the deportation center, an administrative detention objection must be made to the criminal judgeship of peace. Also Objection to Deportation Decision The issues explained in should be evaluated together with the concrete incident.

Similarly, the removal of administrative detention does not automatically cancel the deportation decision. After the foreigner is released, he must also follow the deportation case and restriction code procedures.

What Documents Should Be Prepared for Objection?

• Administrative detention decision and notification document,
• Deportation decision,
• Passport and foreign identity documents,
• Lease agreement or fixed address document,
• Identity documents regarding marriage and children,
• Health and treatment reports,
• Work, education or residence documents,
• Records showing social and family ties in Türkiye,
• Applications for the provision of identity and travel documents.

Rights of Foreigners in the Removal Center

The foreigner in the repatriation center has the right to access his lawyer, legal representative, notary and relatives. They can benefit from telephone services and the opportunity to meet with consular representatives under necessary conditions.

Emergency and basic health services that foreigners cannot afford are provided free of charge at the centre. If the person does not have the financial means to hire a lawyer and makes a request, legal assistance can be provided within the framework of the provisions of the Law on Lawyers.

What Does a Removal Center Lawyer Do?

A lawyer working in the field of foreigners law meets with the foreigner at the repatriation center and reviews the administrative detention and deportation decisions. He/she appeals to the criminal judgeship of peace and submits documents supporting the release to the file.

If the lawsuit against the deportation decision continues, an additional annulment lawsuit is filed in the administrative court. Related transactions such as restriction code, entry ban and residence status must also be tracked separately.

Frequently Asked Questions

Where to apply to leave the removal center?

Apply to the criminal judgeship of peace against the administrative detention decision. A separate lawsuit must be filed in the administrative court against the deportation decision.

How long does it take for the application to the criminal judgeship of peace to be finalized?

The application must be finalized within five days. The application does not automatically suspend administrative detention.

If the objection is rejected, can the application be made again?

Yes. If new documents prove that the administrative detention conditions have been eliminated or changed, an application can be made to the criminal judgeship of peace again.

How long can one stay in the repatriation centre?

Administrative detention cannot exceed six months as a rule. If the transactions cannot be completed due to the foreigner not cooperating or not providing correct information and documents, the period may be extended for a maximum of six months.

Is showing a fixed address sufficient?

The fixed address is important evidence, but does not guarantee release on its own. The risk of escape, family ties, health status and other conditions of the case are evaluated together.

Will the deportation decision be lifted when I leave the repatriation centre?

No. The end of administrative detention only ends detention in the centre. Additional legal action may be required for a deportation decision, restriction code and entry ban.

Legal information: This content has been prepared for general information purposes. Administrative detention, deportation decision and entry ban are different procedures. The legal remedy to be applied should be determined according to the notification date of the decisions, the situation of the foreigner and the concrete justifications in the file.