For foreigners living in Turkey, being taken to a removal center and deportation process can be a major source of concern. So, who is taken to removal centers and what legal remedies should be followed to exit these centers?
If your visa has expired, your residence permit has been cancelled, or a deportation decision has been issued against you, there is a possibility that you will be sent to removal centers in Turkey. However, the administrative detention period is not unlimited and by following certain legal steps, you can exit the removal center.
In this article, we will address in detail topics such as reasons for being taken to a removal center, administrative detention period, objection methods, and release procedures. Carefully reading this article, which serves as a legal guide for those who do not want to be deported, will help you manage the process more consciously.
Who Is Taken to Removal Centers? Reasons for Deportation and Legal Process
In Turkey, removal centers are centers where foreigners against whom a deportation decision has been issued or who need to be placed under administrative detention are held. So, who is taken to removal centers and what are the reasons for this?
1- Foreigners Against Whom a Deportation Decision Has Been Issued
In Turkey, the Directorate General of Migration Management can issue a deportation decision against foreigners who meet certain conditions. These persons are held in removal centers until deportation procedures are completed. The main reasons for deportation decisions are:
- Foreigners whose visa or residence period has expired
- Persons whose residence permit has been cancelled
- Those who entered Turkey illegally or entered with fake documents
- Foreigners working without permission
2- Persons Who Pose a Threat to Public Order and Security
Turkish authorities can make an administrative detention decision against foreigners who are considered to pose a threat in terms of public order, public security, or public health. Persons falling within this scope are:
- Those determined to be connected with terrorist organizations
- Those involved in crimes such as drug trafficking, human smuggling
- Persons engaged in illegal activities in Turkey
3- Those Caught with Invalid or Fake Documents at Border Gates
If a foreigner is using a fake passport or invalid visa when entering Turkey, they can be taken to a removal center and the deportation process can be initiated. Similarly, persons who want to exit Turkey but do not have legal documents can also be sent to removal centers.
4- Those Whose International Protection Application Has Been Rejected
Foreigners who want to obtain refugee, temporary protection, or international protection status can be placed under administrative detention and deportation procedures can be initiated if their applications are rejected. However, in some cases, based on the principle of non-refoulement, these persons can resort to legal objection.
5- Foreigners Subject to Judicial or Administrative Proceedings
Foreigners who commit crimes in Turkey, have an arrest warrant against them, or are detained within the scope of any judicial investigation can be held in removal centers until the legal process is completed.
6- Victims of Migrant Smuggling or Human Trafficking
In some cases, victims of migrant smuggling or foreign victims of human trafficking can also be taken to removal centers temporarily. However, there are also special legal statuses and protection mechanisms for these persons.
How Long Do You Stay in a Removal Center?
The administrative detention period legally cannot exceed 6 months. However, in certain situations, this period can be extended. Foreigners who prove to the Criminal Court of Peace that the administrative detention period is unjust can be released.
Services Provided in Removal Centers
- Health services
- Food and accommodation facilities
- Right to obtain a lawyer and legal support
- Communication with family members
However, living conditions in removal centers may not always be ideal. Therefore, it is important to quickly research exit options and initiate legal processes.
How to Exit a Removal Center?
Foreigners held in removal centers can exit administrative detention or have the deportation decision cancelled by following certain legal processes. However, each foreigner’s situation is different and obtaining lawyer support to determine the most appropriate legal remedy is critically important.
Below, we have explained the ways to exit a removal center step by step:
1- Objection to Administrative Detention Decision
If you have been taken to a removal center with an administrative detention decision, you can object to this decision by applying to the Criminal Court of Peace.
- Objection period to administrative detention decision: Must be made within 7 days from the notification of the decision.
- The Criminal Court of Peace can make a release decision by evaluating the objection.
- If the objection is rejected, the process can be reviewed again and legal support can be obtained.
Remember: The administrative detention period is determined as maximum 6 months. Detention exceeding this period may be unlawful and gives rise to your right to object.
2– Objection to Deportation Decision (Administrative Court Application)
If a deportation decision has been issued against you, you can object to this decision by applying to the Administrative Court.
- Objection period: A lawsuit must be filed within 15 days from the notification of the deportation decision.
- If the court issues a stay of execution order, the deportation process is suspended.
- If the court makes a positive decision, you can exit the removal center.
Note: In some cases, the principle of non-refoulement comes into effect and the person cannot be forcibly deported. If you can prove that you will be at life-threatening risk when you return to your country, you can have the deportation decision cancelled.
3- Request to Return to One’s Country Voluntarily
If you have no legal way to continue staying in Turkey, you can request to return to your country voluntarily.
- This request must be communicated to Migration Management officials.
- In some cases, return costs can be covered by the International Organization for Migration (IOM) or consulates.
- After the necessary procedures are completed at the border gates for return, the person can exit the center.
Attention: If you decide to return to your country voluntarily, you may receive an entry ban to Turkey for a certain period. (Generally varies between 1 year and 5 years.)
4- Obtaining a Valid Residence or Work Permit
If you want to continue staying in Turkey, you can apply for a residence permit or work permit if you meet certain conditions.
- To obtain a residence permit, the deportation decision must first be cancelled.
- A work permit can be obtained when applied for through an employer and can stop the deportation process.
- In special cases, a humanitarian residence permit can be obtained to enable the person to stay in Turkey.
This process is quite complex and can be difficult to proceed without expert lawyer support.
5- Conclusion of Judicial Process
If the reason for being in a removal center is an ongoing case or judicial process, you can be released when this process is completed.
- Foreigners who are acquitted as a result of a criminal case or do not need to be deported can be removed from administrative detention.
- However, persons whose case is ongoing may need to be released under judicial control conditions.
If there is no finalized deportation decision against them, the person can be released and continue to stay in Turkey.
Conclusion: What Should You Do to Exit a Removal Center?
- Object to the administrative detention decision to the Criminal Court of Peace within 7 days.
- File a lawsuit to the Administrative Court within 7 days to cancel the deportation decision.
- Consider the option of returning to your country voluntarily, but find out if there will be an entry ban.
- Exercise your right to stay in Turkey by applying for a valid residence or work permit.
- If your judicial process is ongoing, manage the process in the best way by obtaining legal support.
If you want to take the best legal steps in the process of exiting a removal center, obtaining support from a lawyer is of great importance. Your lawyer can expedite legal processes by preparing your objection petitions and secure your stay process in Turkey.
Why Is Lawyer Support Important in Removal Centers?
Foreigners taken to removal centers can often be misguided because they do not fully know their legal rights or may remain in administrative detention for a long time because they cannot properly follow legal processes. Therefore, obtaining lawyer support for foreigners in removal centers is critically important in terms of exiting the administrative detention process and objecting to the deportation decision.
1- Exit Process from Removal Center with Lawyer Support
A lawyer’s legal intervention can ensure the end of the administrative detention process and prevent the foreigner from being deported.
- Objection to Administrative Detention Decision: Your lawyer can request the lifting of administrative detention by applying to the Criminal Court of Peace. If the court makes a positive decision, you can be released before the administrative detention period is completed.
- Cancellation of Deportation Decision: Your lawyer can ensure the cancellation of the deportation decision by applying to the Administrative Court. Especially if you can prove that you will be in life-threatening danger when you return to your country, the deportation decision can be lifted within the framework of the principle of non-refoulement.
- Legal Intervention Regarding Living Conditions in Removal Center: If there is ill-treatment, inadequate health services, or unlawful practices in the center, your lawyer can bring this situation to the attention of competent authorities and initiate the necessary legal processes.
2- Risks of Managing the Process Without a Lawyer
Managing legal processes in a removal center without a lawyer can be quite difficult. Here are some risks that can be encountered without lawyer support:
- Missing objection periods: Administrative detention and deportation decisions must be objected to within certain periods. These periods can be missed without lawyer support.
- Loss of rights due to incorrect information: Officials in removal centers sometimes may not provide sufficient information about foreigners’ legal rights.
- Increased risk of deportation: If the deportation decision is not objected to or an incorrect legal path is followed, the person can be deported quickly.
To minimize these risks, it is of great importance that persons in removal centers meet with a lawyer as soon as possible.
3- Is It Possible to Stay in Turkey with Lawyer Support?
If you do not want to be deported, a lawyer can make applications to extend your stay in Turkey or change your legal status.
- Gaining legal status by applying for a residence permit
- Requesting temporary protection or international protection
- Stopping the deportation process by obtaining a work permit
If you are in a removal center or a relative of yours is under administrative detention, obtaining lawyer support is of great importance to minimize the risk of deportation and manage the process correctly.
Why Should You Choose Us?
Obtaining legal support in a removal center is critically important for the fast and effective management of the process. As an Ankara immigration lawyer, we provide fast and effective legal intervention against administrative detention decisions and deportation procedures.
- We expedite your release process by objecting to the administrative detention decision.
- We defend your right to stay in Turkey by using legal remedies against the deportation decision.
- We ensure you make error-free applications by informing you at every stage of the legal process.
For detailed information about the services and consultancy we provide as an Ankara immigration lawyer, you can review this article.
