Which foreign nationals are held in Removal Centers?

• Foreigners who have been deported,
• Foreigners at risk of escaping and getting lost,
• Foreigners who violate the rules of entry or exit to Turkey,
• Foreigners using fake or unfounded documents,
• Foreigners who do not leave Turkey within the given period without an acceptable excuse,
• Foreigners who pose a threat to public order, public security, or public health,
• Foreigners for whom administrative detention decision has been taken.

How does the process work for foreign nationals who have been detained in the Removal Center and administrative detention decision has been made about them?

The administrative detention decision and the extension of the administrative detention period are regularly evaluated every month.

The results of the evaluations are notified to the foreigner or his/her legal representative or lawyer together with the reason.

The person under administrative detention or her/his legal representative or lawyer may apply to the relevant court against the administrative detention decision.

The application does not stop the administrative detention.

The decision on appeals against the administrative detention decision is final.

What kind of services are provided to the foreign national or persons held in removal centers?

• Emergency and basic health services that cannot be paid by the foreigner are provided free of charge,
• To the foreigner; access to and interview with relatives, notary public, legal representative, and lawyer, as well as access to telephone services,
• Children's best interests are respected, families are housed separately,
• Necessary measures are taken by the Ministry of National Education regarding the benefit of children from education.

What are the obligations given to foreigners whose administrative detention has been terminated?

• Residence at a specific address
• Making a notification
• Family-based feedback
• Return consultancy
• Volunteering in public service services
• Guarantee
• Electronic tagging

MATTERS TO BE CONSIDERED

• Foreigners for whom an administrative detention decision has been taken are taken to removal centers within 48 hours.
• Electronic and communication devices can be examined to identify the nationals of foreigners under administrative detention.
• The decision of the court against the administrative detention decision is final.
• Foreigners who do not comply with the obligations imposed on foreigners leaving the removal center may be put under administrative detention again.
• The foreign national held in the removal center can follow the process himself. However, following the process through a lawyer will prevent loss of rights.

There is an unknown issue that we encounter very often in practice.

The foreign national who leaves the removal center thinks that the process has been completed and that she/he is now free. However, 2 different decisions are taken by the General Directorate of Migration Management and relevant authorities about foreign nationals held in the removal center. The first of these is the administrative detention decision and the second is the deportation decision.

While the foreign national is in the removal center, he or she must both file a lawsuit for the annulment of the deportation decision and appeal for the termination of the administrative detention decision.

The foreign national leaving the Removal Center should file a lawsuit against the deportation decision and appeal against the obligations imposed on him/her.

As we briefly explained above, 2 different lawsuits should be filed and followed up against the decisions made about the foreign national. Because the foreign national does not know about this issue, foreign national may face deportation because the deportation decision is still active after leaving the removal center. For this reason, the process must be followed very closely.

As Keleş Law and Consultancy Office, two different litigation processes are followed in relation to foreign nationals held in the Removal Center and necessary objections are made for the foreign national to leave the removal center.