What Should a Foreigner Refused Entry at the Airport upon Arrival in Türkiye Do? Entry Denial and INAD Passenger

The denial of entry and turning back of a foreigner upon arrival at Turkish border gates—particularly international airports such as Istanbul Airport, Sabiha Gökçen Airport, Antalya Airport, or Esenboğa Airport—during passport control is referred to in practice as an INAD (Inadmissible Passenger) proceeding.

The measure encountered by a foreigner whose entry to Turkey is denied is different from a classical deportation order issued against a foreigner residing within Turkish borders. However, the INAD procedure does not mean that the foreigner has no rights. The legal basis, grounds, notification, removal process, and any entry ban or restriction record of the procedure must be examined separately.

For a foreigner turned back at the airport, the initial steps to be taken are obtaining the documents and decisions issued concerning them, learning the grounds if possible, immediately notifying the competent authorities of an international protection claim if there is a serious risk of torture or ill-treatment in the country to which they will be returned, and evaluating the recourse to administrative judiciary remedies if required by the specific circumstances of the case.

Particularly in cases where the removal procedure is likely to take place within hours, merely filing a lawsuit may not be sufficient. Stay of execution in the event of a request and the existence of a serious and imminent danger to life or physical and moral integrity Individual application to the Constitutional Court with a request for interim measures possibility must also be evaluated.

What is an INAD (Inadmissible Passenger)?

Pursuant to Article 3 of the Law on Foreigners and International Protection No. 6458 (YUKK), an "inadmissible passenger" is defined as a person who arrives at a border crossing for the purpose of entering or transiting through the country, but whose entry or transit is not permitted because they do not meet the conditions required by the legislation.

Pursuant to Article 7 of the YUKK, foreigners who do not meet certain conditions may be refused entry and turned back by being denied entry into Türkiye. The actions taken within this scope must be served on the foreigner, and the notification must indicate the remedies against the decision as well as other legal rights and obligations.

Pursuant to Article 7/3 of the YUKK, foreigners within this scope may be held in designated areas at border crossings until their proceedings are concluded. This provision was added to Article 7 of the YUKK by Article 70 of Law No. 7196 dated December 6, 2019.

Therefore, it should not be automatically concluded that being held in the INAD holding area at the airport and a administrative detention decision rendered regarding a foreigner located within Türkiye constitute the same legal proceeding. In both cases, the person's actual location, legal status, the legal basis of the proceeding, and the applied procedure must be examined separately.

What Are the Legal Grounds for the INAD Procedure?

The primary legal framework of the INAD procedure consists of Law No. 6458 on Foreigners and International Protection in particular, along with relevant secondary legislation and international regulations to which Türkiye is a party.

The following provisions are of particular importance:

• YUKK Article 3: Definition of an inadmissible passenger.
• YUKK Art. 4: Principle of non-refoulement.
• YUKK Art. 6: Document check and comprehensive check.
• YUKK Art. 7: Foreigners who shall not be authorized to enter Turkey and inadmissible passenger proceedings.
• YUKK Art. 8: Assessment of international protection applications independently of entry conditions.
• YUKK Art. 9: Ban on entry into Turkey.
• YUKK Art. 10: Notification of the entry ban.
• YUKK Art. 15: Foreigners to whom visas shall not be issued.
• YUKK Art. 65: International protection application.
• YUKK Art. 98: Obligations of carriers.
• Numbered 2577 İYUK Art. 7: General filing period for administrative lawsuits.
• Numbered 2577 İYUK Art. 27: Stay of execution.
• Numbered 2577 İYUK Art. 32: General jurisdiction in administrative lawsuits.

The current text of Law No. 6458 includes fundamental provisions regarding the definition of an inadmissible passenger, entry conditions, entry bans, and international protection. The text of the LFIP published by the Presidency of Migration Management and the relevant provisions of the law may also be checked.

Main Reasons for Denial of Entry to Türkiye

Lack of a valid passport or travel document

Foreigners who do not possess a passport or a substitute travel document, or who are understood to have obtained such documents through fraudulent or deceptive means, may be refused entry to Turkey pursuant to Article 7 of the LFIP.

Insufficient passport validity period

Pursuant to Article 7/1-b of the LFIP, a foreigner must possess a passport or substitute travel document valid for at least 60 days beyond the expiration date of their visa, visa exemption, or residence permit.

For instance, if the foreigner is granted the right to stay within the scope of a 90-day visa or visa exemption in a specific case, the passport validity must as a rule be at least 150 days as of the date of entry. However, the visa regime must be checked separately for each country and type of travel.

Absence of visa or entry conditions

Holding a visa does not grant an absolute and unconditional right to enter Turkey. Article 11 of Law No. 6458 explicitly stipulates that visas do not provide an absolute right for entry into Turkey.

Presence of an entry ban to Turkey

Under Article 9 of YUKK, a foreigner subject to an entry ban to Turkey may be denied entry at the border gate. The legal basis, duration, and method of notification of the entry ban must be further examined on a case-by-case basis.

In this regard, lifting of the entry ban to Turkey our current review regarding the matter also explains the distinction between an entry ban and a restriction record.

Failure to adequately explain the purpose of travel

Pursuant to Article 15/1-f of YUKK, visas may not be issued to foreigners who fail to justify their purpose of entry, transit, or stay in Turkey with legitimate grounds. For foreigners arriving under visa exemption, situations within the scope of Article 15 may also become significant at the entry stage via Article 7/1-c of YUKK.

Therefore, accommodation details, return or onward tickets, travel itineraries, information regarding persons or institutions to be visited, and documents demonstrating sufficient financial means for the duration of the stay may be crucial during border control. However, the absence of any of these documents does not automatically mean that an INAD procedure will be applied in every specific case; the administration's assessment and the grounds for the decision must be examined separately.

Lack of sufficient and regular financial means

Article 15/1-g of YUKK lists foreigners who do not possess sufficient and regular financial means for the duration of their intended stay among those who shall not be issued a visa. The application of this provision at the entry stage is evaluated based on the specific circumstances of each case.

Grounds relating to public order, public security, or public health

Article 9 of YUKK regulates the criteria of public order, public security, and public health regarding entry bans to Turkey. Furthermore, pursuant to Article 15 of YUKK, the refusal of a visa may come into question for individuals deemed objectionable in terms of public order or public security, as well as those carrying diseases constituting a threat to public health.

Are Restriction Codes and the INAD Procedure the Same Thing?

No. A restriction code, entry ban, INAD procedure, and deportation decision are not identical legal actions.

In practice, restriction codes appear as system records in a foreigner's immigration files indicating a specific administrative status or restriction. However, not all restriction codes are individually defined in Law No. 6458. Therefore, it is not accurate to reach a definitive conclusion regarding the legal effect of a specific code solely by relying on code lists found on the internet.

For instance, the G-87 code is associated in practice with entry restrictions based on public order or public security grounds. In the case subject to the Constitutional Court's V.N. judgment, the applicant was also denied entry to Turkey due to the entry ban under Article 9 of YUKK, and an Inadmissible Passenger Document was issued. r3

Regarding N-82, rather than characterizing the code itself as a "definitive entry ban," it should be taken into account that, pursuant to Article 9/7 of the Law on Foreigners and International Protection (YUKK), the admission of certain foreigners to Turkey may be made subject to a prior permission requirement.

Therefore, when it is learned that a restriction code has been imposed on a foreigner, rather than the code itself, which administrative action, what grounds, which date, and what duration it is based upon must be determined.

Regarding the legal nature of restriction codes, you may also refer to our current analysis titled What is a Restriction Code and How Is It Removed? entitled current analysis.

How Does the INAD Process Work at the Airport?

1. Passport and document control

The foreigner's passport or travel document, visa or visa exemption, residence or work permit, and records in border control systems may be examined. Pursuant to YUKK Art. 6, a comprehensive inspection may also be conducted if deemed necessary.

Regarding comprehensive inspection, the Law provides that a foreigner may be held for up to four hours under certain conditions. However, detaining a foreigner in practice for longer than four hours to complete entry admission procedures must be distinguished from the comprehensive inspection period.

2. Border interview and evaluation

Questions may be posed regarding the foreigner's purpose of visit to Turkey, accommodation plans, return or onward travel, financial means, persons to be visited in Turkey, and travel documents.

At this stage, it is crucial that the answers provided are consistent with the passport, visa application, accommodation documents, and other documentation.

3. Inadmissible Passenger process document and service of process

Pursuant to YUKK Art. 7/2, the procedures carried out under this article must be served upon the turned-back foreigner. The service of process must indicate the legal remedies available against the decision as well as other legal rights and obligations.

For this reason, it is important not to rely solely on orally informing the foreigner that "you cannot enter Turkey," but rather to request a copy of the Inadmissible Passenger Form or the relevant procedural document drawn up concerning them.

4. Detention in the INAD area

Pursuant to YUKK Art. 7/3, inadmissible passengers may be held in designated areas at border gates until their procedures are concluded.

This regulation does not imply that being held at the airport in an unlimited and unsupervised manner is lawful. In particular, the nature and duration of the detention, the individual's communication opportunities, access to legal counsel, health, and basic humanitarian needs are of critical importance on a case-by-case basis.

5. Carrier's obligation of removal

Pursuant to Article 98 of the YUKK, carriers are obligated to remove foreigners whose entry or transit to Turkey has been refused back to the country from which they came or to a country where they will be definitively accepted. Furthermore, the Law regulates the obligations of carriers regarding the coverage of food, accommodation, and emergency medical expenses until the inadmissible passengers are repatriated.

In terms of international civil aviation, ICAO Annex 9 also contains international facilitation standards regulating the duties of carriers and border authorities regarding the repatriation of inadmissible persons. ICAO Annex 9 – Facilitation is the primary international resource that can be consulted on this matter.

Differences Between INAD and Deportation Orders

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This distinction is important because the periods and procedures to be applied against INAD proceedings and deportation decisions are not the same. Therefore, rather than the title of the document issued to the foreigner, the legal nature of the proceeding and the legislation upon which it is based must be determined.

What Should a Foreigner Turned Back at the Airport Do?

Although the course of action may vary depending on the specific circumstances of the case, practically the following sequence should be followed:

1. Request the official document of the proceeding and the grounds therefor.
2. Determine the exact date of service.
3. Retain the passport, visa, ticket, accommodation, and other documents.
4. Ascertain the legal basis of any restriction code, entry ban, or other administrative record, if applicable.
5. Clearly state the request for international protection if there is a serious risk in the country to which the individual will be returned.
6. If the legal situation is urgent, immediately contact the lawyer and the relevant administrative authorities.
7. Evaluate the possibility of an administrative lawsuit and a stay of execution in terms of the specific case.
8. If there is a serious and imminent danger to life or physical and moral integrity, also consider the remedy of an interim measure before the AYM.

1. Obtain the written document of the decision and its justification

To the extent possible, the foreigner should request a copy of the Inadmissible Passenger Form issued regarding them or the relevant transaction document.

The transaction date, transaction number, justification, underlying legislation, and notification details on the document may be important for the legal review to be conducted subsequently.

If there is a reluctance to sign the document, the legal consequences of refusing to sign must be evaluated based on the specific document. The foreigner obtaining the document or acknowledging that the document has been served to them is not the same as accepting the lawfulness of the decision.

2. Request international protection if there is a serious danger in the country to which they will be returned

Pursuant to Article 4 of the YUKK, no one shall be sent to a place where they would be subjected to torture, inhuman or degrading punishment or treatment, or where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group, or political opinion.

Article 8 of the YUKK stipulates that the conditions set forth in Articles 5, 6, and 7 shall not be interpreted in a manner that would prevent making an application for international protection.

Pursuant to Article 65/2 of the YUKK, international protection applications made to law enforcement units at border gates shall be immediately notified to the governorate. Therefore, it is important that the application is expressed clearly and comprehensibly at the border gate.

However, there is an important legal distinction here: Making an application for international protection does not mean that all other administrative procedures are automatically and unconditionally eliminated in every case. Article 65/5 of the YUKK also stipulates that the reception and evaluation of applications do not prevent the implementation of other administrative or judicial procedures in every case. Therefore, in the specific case, the principle of non-refoulement, the nature of the application, and the procedure to be applied must be evaluated together.

For detailed information regarding the international protection process, Application for International Protection our up-to-date guide titled as above may be reviewed.

3. Contact a lawyer

The legal status of a foreigner held at the airport may need to be assessed promptly. Particularly in cases where the grounds for the procedure are unclear, there is a restriction or entry ban, there is a serious risk in the country of return, or a flight is scheduled within a short time, the legal assessment must not be delayed.

In the AYM's V.N. decision, the applicant's request for an injunction to enable them to meet with their lawyer and establish a power of attorney relationship while being held in the inadmissible passengers lounge was accepted. The decision is significant as it demonstrates that the status of an inadmissible passenger at the airport is not exempt from judicial review with respect to fundamental rights. r4

4. In which court is the lawsuit filed?

In cases where there is no special jurisdiction rule pursuant to Article 32/1 of the İYUK, the administrative court located at the place of the administrative authority that enacted the administrative act is the court of general jurisdiction.

In the jurisdiction dispute decision of the 10th Chamber of the Council of State (Danıştay) E.2022/4850, K.2022/4549, D.19.10.2022 dated, regarding the inadmissible passenger procedure carried out at İzmir Adnan Menderes Airport, it was ruled that the İzmir Administrative Courts, located at the place of the İzmir Governorship Adnan Menderes Airport Civil Administrative Authority which executed the act, have jurisdiction. r5

Similarly, of the 10th Chamber of the Council of State (Danıştay) E.2021/1851, K.2021/2016, D.27.04.2021 in its decision dated, it has been accepted that the Istanbul Administrative Courts have jurisdiction regarding the inadmissible passenger procedures carried out at Sabiha Gökçen Airport. r6

Therefore, for instance, in an inadmissible passenger procedure established at Istanbul Airport, the jurisdiction of the Istanbul administrative courts comes into question, and in a procedure established at Sabiha Gökçen Airport, the jurisdiction of the Istanbul administrative courts likewise applies. However, if the subject matter of the lawsuit is not merely the INAD procedure at the airport, but a separate entry ban or restriction procedure, the authority that issued the procedure must also be determined.

5. Limitation period for filing a lawsuit and stay of execution

If no special limitation period has been stipulated for an INAD procedure, the general rule set forth in Article 7 of the Administrative Litigation Procedure Law No. 2577 applies. Accordingly, in administrative courts, unless a separate period is specified in special laws, the period for filing a lawsuit is is 60 days and in administrative disputes, the limitation period begins to run from the day following the date of written notification.

However, what is important here is to determine in each case whether a lawsuit is actually filed against the "INAD procedure". If the same incident also involves a deportation decision or a different entry ban procedure, different limitation periods for filing a lawsuit may apply to these procedures.

Pursuant to Article 27/1 of the İYUK, filing a lawsuit in an administrative court does not automatically stay the execution of the administrative act subject to the lawsuit. If the conditions required for a stay of execution under Article 27 of the İYUK are met, this request must be made separately.

Particularly if the deportation procedure is of such a nature that its effect will be exhausted upon enforcement, requesting a temporary stay of execution from the court without taking a defense may come into question depending on the specific circumstances of the case. The decision in this regard depends entirely on the court's discretion; it is not possible to guarantee an outcome.

6. Constitutional Court injunction request

In the event of a serious and imminent danger regarding the right to life or the protection of material and moral integrity, an individual application containing a request for an interim measure within the scope of Article 73 of the Internal Regulations of the Constitutional Court may be brought up.

Pursuant to Article 73 of the current Internal Regulations, if it is understood that there is a serious danger to the applicant's fundamental rights, particularly to life or to material or moral integrity, necessary measures may be ordered. r7

However, an individual application to the AYM is not an automatic substitute for administrative litigation remedies. In the specific case, the exhaustion of legal remedies, the application deadline, and injunction conditions must be evaluated separately. An injunction request should only be utilized in the presence of a serious and concrete threat to fundamental rights.

Concrete Incident Scenarios

Scenario 1: Insufficient passport validity

Suppose a foreign national arrives at the airport to enter Turkey within the scope of the 90-day visa exemption, but it is determined that their passport has only 100 days of validity remaining.

Pursuant to Article 7/1-b of the YUKK, the requirement for a passport to be valid for at least 60 days beyond the expiration of the visa or visa exemption will apply. Regarding the 90-day right of stay, this generally means a passport validity of at least 150 days as of the date of entry.

If this requirement is not met, the refusal of entry may be lawful. However, the documents in the possession of the foreign national and the grounds for the administrative action must still be examined.

Scenario 2: Refusal of entry due to a restriction or entry ban

In cases where a restriction or entry ban exists in the foreign national's system record and they are not admitted to Turkey for this reason, merely stating "I was turned back at the airport" is insufficient.

It must be investigated which authority imposed the entry ban, on what date, on what grounds, and for what duration. It should be kept in mind that administrative fines, entry bans, and restriction records may constitute distinct administrative actions.

In such cases, G-87 Restriction Code and current explanations regarding the legal nature of restriction codes can be further examined.

Scenario 3: Foreign national facing serious risk in the country of return

Suppose that a deportation or refusal of entry at the airport has been executed against a foreign national due to a ban on entry into Turkey, and that there is a risk of torture, death, or inhuman treatment if the foreigner is returned to the country to which they will be sent.

In this case, the principle of non-refoulement under Article 4 of the YUKK and the international protection provisions within the scope of Articles 8 and 65 of the YUKK become critical. The foreign national must clearly and without delay notify the competent authorities of their request for protection, and the situation must be evaluated legally and immediately.

If the risk is serious and imminent, alongside a request for a stay of execution in the administrative judiciary, the availability of interim measures pursuant to Article 73 of the Internal Regulations of the Constitutional Court must also be assessed.

Frequently Asked Questions (FAQ)

1. Do I have to sign the "Inadmissible Passenger Form" issued at the airport?

Regarding the signature, the nature of the specific form and the notification procedure must be examined. The foreign national should know that signing the document does not mean accepting the lawfulness of the procedure. The essential point is that the content of the document and the service of process are duly recorded. If possible, a copy of the document should be obtained, and the grounds, date, and transaction number indicated thereon must be preserved.

2. How long can an INAD passenger be held at the airport?

Article 7/3 of the YUKK stipulates that inadmissible passengers may be held in designated areas at border gates until their procedures are concluded. However, this provision should not be interpreted as an unlimited detention authority devoid of judicial review.

The duration and conditions of the detention, the individual's basic needs, communication facilities, and access to a lawyer are of significant importance with respect to the specific case.

3. What is the statutory time limit for filing a lawsuit against a refusal of entry at the airport?

Provided that the measure is genuinely in the nature of an INAD/refusal of entry and there is no special limitation period, the general limitation period under Article 7 of the İYUK applies, and the statutory period for filing a lawsuit is, as a rule, 60 days.

Conversely, if there is also a separate deportation decision in the same incident, the special 7-day time limit set forth in Article 53 of the YUKK regarding deportation decisions may apply. Therefore, the legal nature of the document and the date of service must be definitively established.

4. Can I enter Turkey immediately if I file a lawsuit?

No. Filing a lawsuit alone does not grant the right to enter Turkey. Furthermore, pursuant to Article 27 of the İYUK, filing a lawsuit does not automatically stay the execution of the administrative act.

Depending on the circumstances of the specific case, a stay of execution must be requested, and the content of the court's decision must be evaluated. In addition, the legal status of any separate entry ban or restriction record must also be examined.

5. What happens if I apply for international protection at the airport?

Pursuant to Article 8 of the YUKK, provisions regarding entry conditions cannot be interpreted in a way that prevents making an application for international protection. Pursuant to Article 65/2 of the YUKK, an international protection application made to law enforcement units at the border gate shall be immediately notified to the governorate.

However, making the application does not mean that all other proceedings automatically cease in the specific case. The content of the application, the principle of non-refoulement, and the applicable procedure must be evaluated together.

6. Can the airline force me to board the plane?

Carriers have legal obligations regarding the repatriation of inadmissible passengers. However, if there is a situation requiring the application of the principle of non-refoulement, a request for international protection, a stay of execution decision issued by a court, or an interim measure decision issued by the Constitutional Court, the legal consequences of the specific case must be evaluated separately.

Particularly if it is alleged that there is a risk of torture, death, or inhuman treatment in the country to which the person is to be sent, it is important that this allegation be immediately reported to the relevant authorities.

Conclusion

For a foreigner who is not permitted to enter Turkey at the airport, the INAD procedure is an administrative process distinct from a deportation decision. Nevertheless, it is of great importance to learn the grounds for the act, obtain written documents, determine the date of service, and identify the legal basis for any entry ban or restriction record.

Particularly if it is claimed that the refusal of entry is unlawful, it must be determined by which authority the act was executed and which court has jurisdiction. Jurisdictional decisions of the Council of State regarding inadmissible passenger procedures indicate that the administrative court located in the jurisdiction of the authority that executed the act may be competent for acts performed by the airport civil administrative authority. r8

As for a foreigner who faces a serious and personal risk in the country to which they will be returned, the prohibition of refoulement under Article 4 of the YUKK and the provisions on international protection must be evaluated separately. In the event of a serious and imminent danger to life or material and moral integrity, a request for interim measures pursuant to Article 73 of the Internal Regulations of the Constitutional Court may also be brought up depending on the circumstances of the specific case. r9

For this reason, a foreigner turned away at the airport should not only settle for changing their flight or planning the next trip; they must legally evaluate the documents given to them, the dates of service, and any restriction/entry ban records.

This article has been prepared for general legal informational purposes. The legal outcome of a specific INAD, entry ban, restriction record, international protection, or deportation procedure must be determined by examining the foreigner's nationality, travel documents, procedural documents, notification date, administrative records, and other specific circumstances of the case together.

Author Information

Atty. Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

This content has been prepared for general legal informational purposes regarding immigration law and administrative procedures. It does not constitute a legal opinion or a guarantee of outcome regarding any specific individual or file.

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Contact

Atty. Batın YILMAZ – Istanbul Bar Association Registration No: 77008
Telephone: +90 532 669 34 90
E-mail: info@batinyilmaz.av.tr
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