Objection to the Administrative Detention Decision for Foreigners

Objection to the administrative detention decision for foreigners is a legal application made to the criminal judgeship of peace for the release of the person held in the removal center. Administrative detention is not a punishment or arrest decision; It is an administrative measure applied during the execution of deportation procedures. In connection with this topic Foreigners Law You can also review the content titled.

The presence of a deportation decision about the foreigner does not necessarily mean that the person will be kept in the removal center. In order for administrative detention to be implemented and continued, legal reasons must be present in the concrete case.

What is an Administrative Detention Decision?

An administrative detention decision is a governor's action to keep some foreigners in a removal center. The purpose of the measure is not to punish the foreigner, but to ensure that the deportation procedures are carried out safely.

Administrative detention decisions may be taken against the following persons:

• Those who are at risk of escaping or getting lost,
• Those who violate the rules of entry or exit from Turkey,
• Those who use fake or false documents,
• Those who do not leave Turkey without a valid excuse within the time given to them,
• Those that are considered to pose a threat to public order, public security or public health.

It is not enough to repeat one of these reasons in the text of the decision. It should be explained in a concrete way due to which behavior or personal situation of the foreigner administrative detention is deemed necessary.

How to Object to an Administrative Detention Decision?

A foreigner under administrative detention, his/her legal representative or lawyer can apply to the criminal judgeship of peace. The petition can be submitted directly to the judge or to the removal center or the relevant administrative authority.

If the petition is submitted to the administration, the application must be delivered to the competent criminal judgeship of peace immediately. The application does not automatically stop the administrative detention; may continue to be held in the center until the foreign judge makes a decision.

Unlike the seven-day period stipulated against the deportation decision, there is no short period of the same nature for the administrative detention objection. Despite this, it is important that the application concerning the right to liberty is made without delay. About the relevant aspect of the process Objection Process to Deportation Decision for Foreigners There is detailed information on the page.

On What Grounds Can the Removal of Administrative Detention Be Requested?

It is not enough to state in the objection petition that the foreigner wants to be released. The reason why administrative detention is unnecessary, disproportionate or unlawful should be explained with concrete documents.

• There is no risk of escape or loss,
• The foreigner must have a fixed and verifiable address,
• Having a spouse, child or strong family ties in Turkey,
• Identity and travel documents must be submitted to the administration,
• Cooperation with the administration in deportation procedures,
• The decision should not contain personal and concrete justification,
• Not being in good health to be kept in a removal center,
• Failure to proceed with the necessary care in deportation procedures,
• A lighter measure is sufficient instead of administrative detention,
• Violation of statutory deadlines or monthly assessment obligations.

A fixed address alone does not guarantee release. However, a notary commitment, rental agreement, title deed, documents regarding staying with a family and the identity information of the address owner may indicate that there is no risk of escape.

How Long Can Administrative Detention Last?

As a rule, the administrative detention period in the removal center cannot exceed six months. If the deportation process cannot be completed due to the foreigner's non-cooperation or failure to provide accurate information and documents about their country, the period can be extended for a maximum of six months.

Whether the continuation of administrative detention is necessary should be evaluated regularly by the governor's office every month. If deemed necessary, an examination can be carried out without waiting for the 30-day period.

New developments, such as the elimination of the risk of absconding, the provision of travel documents, changes in health status, or the inability to advance the deportation process, may require the removal of surveillance.

Alternative Obligations to Administrative Detention

It can be argued that lighter measures will be sufficient instead of keeping the foreigner in the removal center. The main alternative obligations regulated in the law are as follows:

• Residing at a specific address,
• Notification at specified times,
• Participating in the family-based return program,
• Receiving return consultancy,
• Public interest service based on voluntary,
• Providing collateral,
• Electronic monitoring.

One or more of these obligations can be applied together to a foreigner. The total duration of alternative obligations cannot exceed 24 months. If the foreigner does not comply with the obligations given, an administrative detention decision may be taken again.

Can I Reapply If the Objection is Rejected?

The decision of the criminal judgeship of peace regarding administrative detention is final. However, if the surveillance conditions change or disappear later, a new application can be made.

Finding a new fixed address, the emergence of a health problem, the delivery of the travel document, the change in family conditions or the long passage of time since the previous decision can be claimed in the new application.

In the re-application, instead of submitting the same petition as the previous petition, new developments and documents confirming them should be clearly shown.

The Difference Between Administrative Detention Objection and Deportation Case

An application is made to the criminal judgeship of peace against the administrative detention decision, and to the administrative court against the deportation decision. These two legal processes are independent of each other. Legal Remedies for Foreigners Whose Residence Permit Has Been Rejected its content explains other legal points related to this stage.

The lifting of administrative detention may enable the foreigner to leave the removal center, but it does not automatically lift the deportation decision, restriction code or entry ban to Turkey.

Similarly, filing a lawsuit against the deportation decision does not automatically release the foreigner from the removal center. A separate application must be made for each decision.

Rights of the Foreigner in the Removal Center

Foreigner under administrative detention; can access his lawyer, legal representative, relatives and notary. They can use telephone services and talk to the consular officials of the country of citizenship and the officials of the United Nations High Commissioner for Refugees.

Emergency and basic health services should be provided free of charge to foreigners who cannot afford the price. A person who wants to apply against administrative detention but cannot afford the attorney's fee can request legal assistance within the scope of the Attorneyship Law upon request.

Documents That Can Be Used in the Objection Application

• Administrative detention decision and notification document,
• Deportation decision,
• Passport and foreign identity documents,
• Lease agreement, title deed or notary commitment,
• Documents related to marriage and children,
• Health and treatment reports,
• Work, study or residence records,
• Applications for the provision of travel documents,
• Documents showing that the foreigner cooperates with the administration.

Frequently Asked Questions

In which court is the administrative detention decision appealed?

An application is made to the competent criminal judgeship of peace against the administrative detention decision.

In how many days does the criminal judgeship of peace make a decision?

The judge must conclude the application within five days.

Is the foreigner released immediately when an objection is made?

The application does not automatically stop administrative detention. For release, the judge or the competent administration must lift the surveillance.

Can I apply again if the objection is rejected?

Yes. A new application can be made with new information and documents showing that the conditions have changed or disappeared.

What is the maximum duration of administrative detention?

As a rule, it is six months. If the transaction cannot be completed due to the foreigner's non-cooperation or failure to provide accurate information and documents, it can be extended for a maximum of six months.

Will the deportation decision be lifted when I leave the removal center?

The abolition of administrative detention only ends the detention in the center. Deportation decision, entry ban and restriction codes should be examined separately. Also What Should Foreigners Who Decide to Deport in Turkey Do? should be evaluated together with the concrete case.

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