Removal Center (GGM)

How to Leave a Removal Center? Objection to Administrative Detention Decision and Legal Process

The primary recourse for the release of a foreigner held in a Removal Center against the administrative detention decision is to apply to the Criminal Judgeship of Peace . Additionally, if a deportation decision has been issued against the individual, an At the Administrative Court annulment action must be filed against this proceeding within seven days from the notification of the decision.

Administrative detention and deportation decisions are distinct administrative acts. For a foreigner wishing to leave the Removal Center, merely filing a lawsuit against the deportation decision is insufficient in most cases. For administrative detention, which directly restricts personal liberty, a separate Criminal Judgeship of Peace an application must be filed before.

The application must specifically set forth with concrete documents: fixed residential address, family ties, health status, the best interests of the child, cooperation with the administration, the international protection application, and personal risks in the country to which the deportation will take place.

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What is Administrative Detention?

Administrative detention is the restriction of a foreigner's freedom by an administrative authority decision during the deportation process and their confinement in a Removal Center. This measure, which can be applied without a criminal investigation or conviction, constitutes an interference with the right to personal liberty and security.

Article 19 of the Constitution of the Republic of Turkey, guarantees personal liberty and security, and grants a person whose liberty is restricted the right to apply to a judicial authority to ensure their release in the event that the procedure is unlawful.

Pursuant to Article 57 of the Law on Foreigners and International Protection (LFIP) , administrative detention may be applied under certain conditions to a foreigner against whom a deportation decision has been rendered. However, administrative detention is not a mandatory consequence of every deportation decision. The administration must explain with concrete facts why it deems the measure of detention in a closed center necessary.

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On What Grounds Can an Administrative Detention Decision Be Issued?

Within the scope of Article 57/2 of the LFIP , foreigners against whom a deportation decision has been issued who meet certain conditions may be placed in administrative detention or subjected to obligations alternative to administrative detention.

The grounds mostly relied upon by the administration are as follows:

• The allegation of a risk of absconding or disappearing,
• Violation of entry or exit rules to Turkey,
• The allegation of using forged or unfounded documents,
• Failure to depart from Turkey within the granted period,
• Pose a threat to public order, public security, or public health,
• The allegation of non-cooperation in the identity or travel document process.

The mere presence of one of these grounds in the decision is not sufficient on its own. For instance, the basis of the statement “there is a risk of absconding” regarding which incident, document, or past conduct must be explained. Since an administrative detention decision constitutes a severe interference with personal liberty, the justification must be individualized and judicially reviewable.

Merely having made an irregular entry, lacking a residence permit, or having had administrative actions taken in the past does not automatically prove the risk of absconding in every case. Factors such as a fixed address, family support, commitment to regular reporting, applications conducted through legal counsel and cooperation with the administration may indicate that milder measures could suffice instead of detention in a removal center.

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Where to Apply to Be Released from the Removal Center?

The competent authority against the administrative detention decision is the Criminal Judgeship of Peace. Pursuant to the provision of Article 57/6 of the YUKK accordingly, the foreigner, their legal representative, or attorney may apply to the Criminal Judgeship of Peace on the grounds that the administrative detention decision is unlawful.

The application is essentially made to the competent Criminal Judgeship of Peace located in the jurisdiction where the administrative authority that issued the administrative detention decision is situated. In practice, the petition may also be submitted through the administration of the Removal Center. The administration is required to forward this petition to the competent judgeship without delay.

The Criminal Judgeship of Peace is obligated to conclude the application within five days. The decision of the judgeship is final. However, if new facts arise during the continuation of the administrative detention, a re-application may be made.

For example, the following developments may be significant regarding a new application:

• Securing a fixed residential address on behalf of the foreigner,
• A family member's undertaking of accommodation and support,
• Applying to the consulate to obtain a passport or travel document,
• Completion of identification procedures,
• Emergence of a serious health problem,
• Documentation of pregnancy, old age, childhood, or a special vulnerability condition,
• Having an international protection application,
• Realization that the monthly evaluation regarding the continuation of detention has not been conducted.

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What Should Be Included in the Petition to Appeal Administrative Detention?

to apply to the Criminal Judgeship of Peace The application to be submitted should not be limited to the abstract expression “I want to be released”. The reasons why administrative detention is unlawful must be explained with reference to dates, documents, and personal circumstances.

The following headings are important in the application:

Issue to be Examined	Matter to be Explained in the Application
Grounds for administrative detention	The reasoning relied upon in the decision and why this reasoning is not substantiated
Flight risk	Fixed address, family support, contact information, and willingness to comply with reporting obligations
Cooperation	Applications made regarding identity, passport, consular, and travel document procedures
Health condition	Need for medical treatment, travel impediments, pregnancy, or chronic illness
Family life	Spouse, children, dependents in need of care, and family ties in Turkey
Need for protection	Personal risks that may arise in the event of removal to the country of origin or a third country
Alternative measures	Residing at a specific address, obligation to sign in, reporting obligation, or placement with family

The administrative detention decision, deportation decision, notification documents, passport or identity document, lease agreement, residence commitment, medical report, documents demonstrating family ties, international protection application records, and consular correspondence, if any, must be submitted along with the application.

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How Long Can Administrative Detention Last?

Pursuant to Article 57 of YUKK , as a rule, the period of administrative detention cannot exceed six months. However, if the removal proceedings cannot be completed due to the foreigner's failure to cooperate or failure to provide accurate information or documents regarding their country, the administrative detention may be extended for a maximum of six additional months.

Accordingly, the total period of administrative detention does not automatically reach one year in every case. The administration must separately justify the extension decision. The inability to obtain a travel document, prolonged consular procedures, or administrative delays by the authorities cannot constitute grounds for indefinite detention in circumstances not attributable to the foreigner.

The Governorate is obligated to regularly evaluate on a monthly basis whether the continuation of administrative detention remains necessary. If the conditions requiring the continuation of detention cease to exist, the individual must be released immediately or subjected to a milder measure.

Therefore, even an administrative detention decision alleged to be lawful on the first day may become unlawful over time. Each monthly review may constitute an independent legal basis for a Criminal Judgeship of Peace application.

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What Are the Alternative Obligations to Administrative Detention?

The law does not regulate detention in the removal center as the sole option. Within the scope of YUKK Art. 57/A Alternative obligations may be applied instead of administrative detention or after administrative detention is terminated.

The main obligations that may be applied depending on the specific case are as follows:

• Family-based return,
• Return counseling,
• Serving on a voluntary basis in public interest activities,
• Collateral,
• Electronic monitoring,
• Residing at a specified residential address,
• Reporting,
• Family-based, return-oriented alternative obligations.

When requesting an alternative obligation, the individual's accommodation and method of communication with the administration must be clearly demonstrated. For instance, a lease agreement, a written commitment from a family member, a clear address, phone number, regular reporting commitment, and attorney information; may indicate that there is no flight risk and that lighter measures are sufficient.

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How to File a Lawsuit Against a Deportation Order?

The legal remedy against a deportation decision differs from administrative detention. Pursuant to YUKK Art. 53 against the deportation decision, within seven days from the notification of the decision At the Administrative Court an annulment action must be filed.

Since this period is short and constitutes a statute of limitations (preclusive period), the date of notification of the decision must be documented. It is also significant whether information was provided in a language the foreigner can understand during the notification; whether an interpreter was used; and whether the legal remedies and time limits were indicated.

Pursuant to Article 40 of the Constitution the state is obligated to state in its proceedings which legal remedies and authorities the concerned parties may apply to and their respective time limits. Failure to notify the legal remedy or time limit in an understandable manner may raise issues regarding the right to an effective remedy.

The filing of a lawsuit against the deportation decision to the administration must be notified. Within the scope of Article 53 of YUKK, unless the foreigner consents, the deportation procedure cannot be executed within the period for filing a lawsuit and until the conclusion of the lawsuit.

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On What Grounds Can a Deportation Order Be Annulled?

In the annulment action to be filed against the deportation decision, it may be asserted that the ground underlying the procedure does not reflect the truth or that the procedure exceeds legal boundaries.

In Turkish law, annulment actions review the legality of administrative acts with respect to the elements of authority, form, ground, subject matter, and objective. This framework is set forth in Article 2 of the Administrative Litigation Procedure Law (İYUK) numbered 2577. has been regulated.

The grounds for unlawfulness that may arise in a deportation proceeding are as follows:

• The deportation ground being based on the wrong person, incorrect records, or an outdated restriction code,
• The threat to public order or public security being asserted in an abstract manner,
• An investigation record alone being considered an indicator of a definitive threat,
• Failure to take into account acquittals, non-prosecution decisions, or decisions of non-jurisdiction,
• Misevaluation of visa, residence, work permit, or entry-exit violations,
• Failure to investigate personal risks in the country to which the foreigner will be refouled,
• Disregarding serious health issues or ongoing treatment,
• Failure to evaluate family life and the best interests of the child,
• Failure to take into account human trafficking, violence, or conditions of special vulnerability.

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What Is the Prohibition of Expulsion (Non-Refoulement)?

Under Article 4 of YUKK, the principle of non-refoulement prohibits sending a foreigner to a country where they may be subjected to the death penalty, torture, inhuman or degrading treatment or punishment.

In the assessment of the principle of non-refoulement, not only the country of which the foreigner is a citizen, but also the third country to which they will actually be deported is of significance. The administration must evaluate to which country the individual will be sent and the risks they may face in that country.

A general statement in the application such as “my country is not safe” is often not considered sufficient. The reasons for personal risk must be clearly explained. For example:

• Past detentions, attacks, or threats,
• Political activity or political opinion,
• Ethnic, religious, or social affiliation,
• Risk due to sexual orientation or social identity,
• Incidents to which family members have been subjected,
• Victimization by human trafficking or violence,
• Serious medical needs,
• Local conflict or systematic oppression targeting a specific group,

must be supported by concrete documents and information.

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Administrative Detention and Deportation Proceedings in Precedent Decisions

Anayasa Mahkemesi individual application decisions are binding in terms of the specific application. In addition, these decisions contain important constitutional criteria indicating how the Constitution should be interpreted regarding personal liberty, the prohibition of ill-treatment, the right to an effective remedy, and the principle of non-refoulement.

Ruling	Perspective Regarding the Applicant	Brief Reasoning and Practical Significance
AYM, Individual Application No: 2021/47168, D. 29.09.2022	Contains principles in favor of the applicant	It is emphasized that a foreigner alleging a risk of ill-treatment may have limited opportunities compared to the state to gather evidence; therefore, the risk allegation must be examined in a genuine and effective manner. The narrative of personal risk must be supported by documents and country information.
AYM, Individual Application No: 2020/18186, D. 24.01.2024	Contains principles in favor of the applicant	Reflects the constitutional approach stating that the right to an effective remedy must be guaranteed against deportation proceedings. In addition to general country conditions, the individual's specific situation must also be evaluated.
AYM, Individual Application No: 2020/1673, D. 02.04.2024	In favor of the foreigner	The failure to adequately assess the risk in the country of destination or a third country is significant regarding the prohibition of refoulement. The deportation order must be reviewed without leaving uncertainty as to which country it will be enforced against.
AYM, Individual Application No: 2020/3856, D. 07.02.2024	To the detriment / Against	It was evaluated that the applicant failed to demonstrate a specific and concrete risk unique to them, beyond the general situation in their country. This decision indicates that general country reports may not be sufficient on their own.

AYM, Individual Application No: 2021/47168, D. 29.09.2022 The approach established by [...] acknowledges that a foreigner's means of proof may be limited in claims alleging the risk of ill-treatment. Therefore, administrative authorities and courts must not dismiss the foreigner's personal statement in a superficial manner; they must jointly evaluate available documents, country-of-origin information, and individual risk factors.

In contrast, AYM, Individual Application No: 2020/3856, D. 07.02.2024 The decision demonstrates that relying solely on general adverse conditions in the country may not be sufficient. It must be explained why the foreigner is specifically at risk; what events they have experienced, by whom they have been threatened, when this threat occurred, and why it would persist if they are refouled.

These decisions do not imply that the same outcome will automatically result in every application. Nevertheless, they serve as guidance regarding the evidence with which the application should be substantiated.

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How to Challenge Grounds of Public Order and Public Security?

The Administration may rely on grounds of public order or public security in deportation and administrative detention decisions. In order to invoke these grounds, there must be concrete, up-to-date, and personalized data concerning the foreigner.

The mere existence of an investigation record does not prove a threat to public security in every case. The outcome of the investigation, the nature of the act, the currency of the incident, whether there is an acquittal or a decision of non-prosecution, the foreigner's personal situation, and whether they pose a genuine risk to public order must be examined.

The following documents, if any, must be submitted with the application:

• Decisions of non-prosecution,
• Acquittal judgments,
• Judicial control or case file documents,
• Correspondence regarding the restriction code (tahdit kodu),
• Documents demonstrating that an old record has lost its currency,
• Records demonstrating social, familial, and economic ties.

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Right to Healthcare and Access to Counsel in Removal Centers

Provisions of Articles 58 and 59 of YUKK, contain regulations regarding the access of foreigners held in removal centers to fundamental rights and certain services. A foreigner's access to healthcare services, the opportunity to communicate with family, the right to confer with counsel, and being informed about legal remedies are crucial for the effective conduct of the legal process.

The situation of individuals with serious health problems, those requiring regular treatment, pregnant women, children, the elderly, or those in special vulnerable conditions must be evaluated separately. Medical reports, prescriptions, hospital records, and treatment plans can be critical both for the revocation of administrative detention and in lawsuits filed against deportation proceedings.

If access to healthcare services in a Removal Center has been impeded, an interpreter has not been provided, the opportunity to confer with counsel has been restricted in practice, or legal remedies have not been communicated in an understandable manner; these matters must be asserted in relevant applications by specifying the date, incident, and document.

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What Documents Must Be Collected in Administrative Detention and Deportation Processes?

Document	Legal Significance
Administrative detention decision	Indicates the date, grounds, and legal remedy for detention
Deportation Decision	Determines the grounds for deportation and the seven-day litigation period
Service of process and interpreter minutes	Demonstrates the commencement of the period and the compliance of notification with procedures
Passport and identity documents	Is important regarding identity, nationality, and claims of erroneous records
Lease agreement or address document	Demonstrating the absence of a flight risk and the sufficiency of an alternative measure
Family member undertaking	Supporting accommodation, maintenance, and the possibility of communication with the administration
Consular correspondence	Demonstrating cooperation in the travel document process
Medical reports	Supporting travel bans, medical treatment needs, and vulnerability status
International protection documents	Demonstrating the existence of a need for protection and the ongoing process
Threat or assault documentation	Substantiating the risk of individual refoulement
Criminal case decisions	It helps review the claim of public order.
Marriage and children documents	It is used in evaluating family life and the best interests of the child.

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Can Compensation Be Claimed Due to Unlawful Administrative Detention?

If pecuniary or non-pecuniary damage has arisen due to unlawful administrative detention, a full remedy action (tam yargı davası) may come into question depending on the circumstances of the case. However, it cannot be said that every administrative detention decision will subsequently give rise to the right to compensation.

In the compensation claim, the specific reason why the detention was unlawful, the causal link between the damage and the act, and the material or moral damages suffered must be concretely demonstrated. Loss of labor, treatment expenses, severe impact on family life, or moral damages caused by unlawful deprivation of liberty are evaluated according to the circumstances of the case.

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Frequently Asked Questions

Within how many days must an application be made to leave the Removal Center?

Against the administrative detention decision to apply to the Criminal Judgeship of Peace in terms of application pursuant to Article 57/6 of the YUKK no specific statute of limitations has been prescribed. However, since the restriction of liberty continues, the application must be made without delay. A re-application may also be made when the detention conditions change.

Within what timeframe does the Criminal Judgeship of Peace decide on the administrative detention application?

Criminal Judgeship of Peace, must conclude the application against the administrative detention decision within five days.

Can an objection be filed against the decision of the Sulh Ceza Hâkimliği?

Within the scope of YUKK Art. 57/6 Of the Sulh Ceza Hâkimliği The decision regarding administrative detention is final. However, a re-application may be made if new facts emerge or the grounds for detention cease to exist.

What is the filing deadline for a lawsuit against a deportation decision?

Within seven days from the notification of the deportation decision At the Administrative Court an annulment action must be filed.

Is the person released immediately when a deportation lawsuit is filed?

No. Filing a lawsuit against the deportation decision does not automatically lift the administrative detention decision. For release, a separate to apply to the Criminal Judgeship of Peace application for the review of administrative detention must be filed.

Does filing a deportation lawsuit halt the deportation proceedings?

Pursuant to YUKK Art. 53 Within the filing period and until the conclusion of the lawsuit, deportation proceedings cannot be carried out unless the foreigner consents.

How is the claim of flight risk refuted?

A fixed residential address, lease agreement, commitment from a family member, willingness to comply with the regular reporting obligation, through counsel documents regarding the proceedings pursued and cooperation with the administration can be used against the allegation of a flight risk.

Can a foreigner without a passport be released from the removal center?

The absence of a passport is not, in itself, a ground for indefinite administrative detention. It must be assessed whether the foreigner cooperated in the identification and travel document process, and whether the delay stemmed from the administration or the consulate.

Does pregnancy or a serious illness warrant the revocation of administrative detention?

The circumstances of each case are evaluated separately. However, pregnancy, serious illness, the need for regular treatment, childhood, old age, or a state of vulnerability are strong evaluation factors regarding the proportionality of administrative detention and the legal consequences of deportation.

Does a general war or security issue in the country lead to the cancellation of a deportation order?

General conditions in the country are important; however, in most cases, it must also be explained why the individual would be specifically affected by these conditions. Personal threats, past events, family ties, political or social profile, and medical needs must be substantiated.

Can a foreigner under administrative detention consult with an attorney?

Foreign nationals have the right to benefit from legal assistance and to make legal applications. If the opportunity to consult with a lawyer or make a legal application at the Removal Center is physically obstructed, this situation must be separately recorded and reported to the relevant authorities.

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Conclusion

Regarding foreign nationals who are held at a Removal Center and face the risk of deportation, two separate legal remedies must be evaluated together: Criminal Judgeship of Peace application and, for the annulment of the deportation decision, within seven days At the Administrative Court it is mandatory to file a lawsuit.

In the request for the revocation of administrative detention, the administration's It must be examined whether the grounds such as flight risk, threat to public order, or lack of cooperation are concrete. A fixed address, family support, health status, the commitment to comply with regular reporting obligations, and cooperation with the administration may indicate that alternative obligations should be applied instead of detention in a closed facility.

In the lawsuit to be filed against the deportation decision, the principle of non-refoulement, the risk of personal ill-treatment, medical condition, family life, the best interests of the child, and the validity of the grounds for deportation must be set forth in detail. Instead of abstract statements, explanations substantiated in terms of date, location, person, and documents directly affect the status of the legal application.

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About Us – Contact Information

Atty. Batın YILMAZ

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