Objection to Administrative Detention Decision

Objection to the administrative detention decision is an application made to the criminal judgeship of peace for the purpose of releasing the foreigner held in the deportation center while the deportation proceedings are ongoing. Administrative detention is an administrative measure different from the arrest warrant issued in criminal proceedings. About the relevant aspect of the process Objection to Deportation Decision There is detailed information on the page.

In order for administrative surveillance to continue, legal justifications must be present in the concrete case and the measure must be mandatory. If there is no risk of escape, fixed address, family ties, health problems or if a lighter measure is sufficient, a request may be made to lift the decision.

What is an Administrative Detention Decision?

Some foreigners for whom a deportation decision has been issued may be kept in the removal center until the procedures are completed. Administrative surveillance decision is taken by the governorship.

The main reasons for administrative detention specified in the law are:

• There is a risk of escape or disappearance,
• Violation of the rules of entry or exit to Türkiye,
• Using fake or unfounded documents,
• Failure to leave Türkiye within the given time period,
• Creating a threat to public order, public security or public health.

It is not sufficient to write one of these justifications only in general terms in the decision. Why administrative detention is necessary should be explained based on the foreigner's personal situation.

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 petition can be submitted directly to the judgeship, or it can be sent through the repatriation center or the relevant administrative authority. In connection with this topic Interpol Lawyer You can also review the content titled .

The application does not automatically suspend administrative detention. The foreigner may continue to be held in the repatriation center until the judgeship decides. The criminal judge of peace must conclude the examination within five days.

On what grounds can removal of administrative detention be requested?

The objection petition must explain with concrete documents why administrative detention is not necessary. The main grounds for objection are:

• No risk of escape or loss,
• The foreigner must have a fixed and verifiable address,
• Having a spouse, child or strong family ties in Türkiye,
• Identity and travel documents must be submitted to the administration,
• Cooperation with the administration in the foreigner's deportation procedures,
• The decision does not contain personal and concrete justification,
• The health condition is not suitable for being kept in the center,
• None of the conditions requiring continued surveillance,
• An alternative obligation is sufficient,
• Administrative detention period exceeds the legal limit.

Fixed address alone does not guarantee release. However, the rental agreement, title deed document, commitment to stay with the family and the identity information of the address owner can be used to show that there is no risk of escape.

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 because the foreigner does not cooperate or does not provide correct information and documents about his country, the period can be extended for a maximum of six months.

The governorship should regularly evaluate every month whether the continuation of administrative surveillance is necessary. If it is determined that surveillance is no longer necessary, the decision must be terminated immediately.

Alternative Obligations to Administrative Detention

It can be argued that lighter measures would be sufficient instead of keeping the foreigner in the repatriation centre. Alternative obligations regulated in the law are as follows:

• Residing at a certain address,
• Notifying at regular intervals,
• Participating in a family-based repatriation program,
• Receiving return consultancy,
• Service for public benefit based on volunteerism,
• Providing collateral,
• Electronic monitoring.

One or more alternative obligations may apply. The total duration of these obligations cannot exceed 24 months. If the foreigner does not comply with the obligations, administrative detention may be decided again.

Can Re-Application Be Made If the Objection Is Rejected?

Although the decision of the criminal judgeship of peace is final, a new application can be made if the conditions of administrative detention change later. Finding a new fixed address, worsening health condition, submission of a travel document or change in family circumstances may constitute the basis for a new application.

In the new application, the changed conditions and new documents should be clearly stated, instead of submitting the same petition as the previous petition.

Are Deport Cases and Administrative Detention Objections the Same?

No. An application can be made to the administrative court against the deportation decision, and to the criminal judgeship of peace against the administrative detention decision.

Filing a lawsuit against the deportation decision does not automatically remove the foreigner from the repatriation centre. Similarly, the removal of administrative detention does not automatically cancel the deportation decision. Separate legal procedures must be followed for both transactions. How to Exit the Return Center? content explains other legal points related to this stage.

Documents Required for Objection

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

Foreigners Who Cannot Hire a Lawyer

A foreigner who wants to apply against administrative detention but does not have the opportunity to pay the attorney's fee may benefit from legal aid service within the scope of the provisions of the Law on Lawyers, upon request.

The presence of a foreigner in the removal center does not prevent him from meeting with his lawyer. The lawyer can prepare the application to the criminal judgeship of peace by examining the decisions and file documents.

Frequently Asked Questions

In which court can an administrative detention decision be challenged?

Apply to the competent criminal judgeship of peace against the administrative detention decision.

How long does it take for the application to be completed?

The criminal judge of peace must conclude the application within five days.

Will the foreigner be released immediately after an objection is made?

No. The application does not automatically suspend administrative detention. For release, the judgeship or competent administration must lift the surveillance.

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

Yes. If the administrative detention conditions have been eliminated or changed, a new application can be made with new information and documents.

How long does administrative detention last?

As a rule, it takes six months. If the deportation process cannot be completed due to the foreigner not cooperating or not providing correct information and documents, it can be extended for a maximum of six months.

Will the deportation decision be lifted when he is released?

No. Removal of administrative detention only ends detention in the removal centre. Legal action must also be taken for deportation decisions, entry bans and restriction codes. Also Removal of Deportation Decision The issues explained in should be evaluated together with the concrete incident.

Legal information: This content has been prepared for general information purposes. Administrative detention, deportation decision and entry ban to Türkiye are different procedures. The legal remedy to be applied should be determined according to the justification of the decision, notification date and the personal circumstances of the foreigner.