Revocation of Turkish Citizenship: Reasons and Legal Process

Introduction

Citizenship represents one of the most fundamental legal and political bonds between an individual and the state. In Turkey, the right to citizenship is regulated both in terms of acquisition and — in exceptional cases — revocation.
The revocation of citizenship generally arises in relation to citizenship acquired later in life, and it constitutes a highly technical and sensitive administrative legal procedure and litigation process.
This article examines, in detail, the possible grounds for revocation, the legal procedure, potential consequences, and the key issues that must be taken into consideration.

Legal Basis and Conceptual Framework

Main Legislation

The provisions governing the loss or revocation of Turkish citizenship are mainly derived from the following legal sources:

• Law No. 5901 on Turkish Citizenship (TVK)
• The Implementing Regulation of the said law and relevant jurisprudence
• Administrative Procedure Law (İYUK)
• Decisions of the Administrative Courts and the Council of State (Danıştay)

The TVK regulates the acquisition and loss of citizenship (withdrawal, renunciation, and revocation). For example, the revocation of citizenship is addressed under the title “Revocation of the Decision Granting Turkish Citizenship.”

Important Note: The TVK and related regulations do not impose any limitation period for revocation. This means that even years after a citizenship decision has been rendered, a revocation request may be initiated if it is discovered that the decision was based on false statements or forged documents.

Terminological Distinctions: “Revocation,” “Annulment,” and “Renunciation”

• Revocation / annulment: The retroactive cancellation of a citizenship decision acquired later, due to irregularities during the acquisition process such as fraud or the use of forged documents.
• Renunciation: The voluntary relinquishment of citizenship or acquisition of another nationality.
• The revocation mechanism primarily functions as a corrective measure concerning the acquisition stage.

A revocation decision must be rendered by the same authority that granted the citizenship. The decision becomes effective upon proper notification to the concerned individual.

Furthermore, a revocation decision may also affect the spouse or children who derived their citizenship through the person whose citizenship has been revoked.

Grounds for Revocation

The revocation of Turkish citizenship must rely on objective criteria; it cannot be based on arbitrary decisions. The most common grounds are as follows:

1. Fraud, False Declaration, Forged Documents
   Concealment or misrepresentation of material facts during the application process, submission of forged documents, or creating the false impression that the legal conditions were met. This is the most frequently encountered reason.
2. Marriage Abuse / Sham Marriage
   Revocation may be based on the claim that the marriage leading to the acquisition of citizenship was fictitious, for financial gain, or contrary to the true purpose of marriage.
3. Violation of National Security or Public Order
   Engaging in acts that endanger national security or public order — such as terrorism, espionage, or participation in serious criminal activities — may constitute grounds for revocation once proven.
4. Failure to Fulfill Civic Obligations
   Failure to meet obligations associated with citizenship, such as compliance with administrative or public service requirements, may be examined where relevant.
5. Failure to Meet Residence Requirements
   In certain citizenship types (for example, citizenship acquired through residence), the absence of continuous residence either at the time of application or subsequently may justify revocation.
6. Other Specific Grounds
   Particular provisions found in laws, regulations, or Ministry of Interior investigation criteria may also serve as grounds.

Note: These reasons may apply individually or collectively. Revocation generally applies only to acquired citizenship; revoking citizenship acquired by birth would usually be considered contrary to constitutional and rule-of-law principles.

Legal Process (Procedural Stages)

The revocation of citizenship is an administrative act, and an action for annulment may be filed before the administrative courts. The typical stages are as follows:

1. Investigation / Inquiry Phase

Before issuing a revocation decision, the administration usually conducts an inquiry. Evidence of fraud, forgery, or concealed facts must be substantiated. During this process, the person concerned may be asked to provide documents or explanations.
If the decision to revoke citizenship is made, it must be properly notified to the individual concerned. This notification is crucial because it triggers the right to bring an action before the court.

2. Administrative Objection (Optional Step)

In some cases, the individual may file an administrative objection against the revocation decision. This is not mandatory; a lawsuit may also be filed directly.

• The objection may be accepted or rejected.
• The objection period is generally considered to be 30 days.
• If accepted, the revocation decision may be suspended.
• If rejected or unanswered within 30 days, the judicial process continues.
• Failure to bring a case within the prescribed time results in the loss of the right to sue.
  In practice, administrative objections rarely change the outcome; thus, they are infrequently used.

3. Filing an Action for Annulment

A lawsuit must be filed against the authority that rendered the decision.

• Filing period: Within 60 days of the date of notification. This period is strictly preclusive.
• Competent court: As the revocation is carried out by the Ministry of Interior or the Directorate General of Population and Citizenship Affairs, the competent court is generally located in Ankara.
• The petition must clearly set out the grounds for annulment, attach evidence, and explain the legal defects (such as lack of competence, procedural irregularities, insufficient reasoning, disproportionality, or misuse of discretion).

4. Judicial Review and Decision

The court conducts a legality review of the administrative act:

• The court examines competence, procedure, reasoning, proportionality, and conformity with law.
• The defense and evidence of the administration are assessed.
• The court either annuls the administrative act or dismisses the case.

If the act is annulled, the citizenship decision is retroactively nullified. The outcome depends on whether the administrative act was found lawful or unlawful.

5. Appeal / Council of State (Danıştay) Stage

Either party — the Ministry or the plaintiff — may appeal the decision. The Council of State examines the case on points of law and procedure.
If the decision is quashed, it is remitted to the lower court; otherwise, it is upheld.

6. Further Legal Remedies if the Court Rejects the Case

Yes, there are extraordinary remedies:

• Request for rectification of judgment: A decision of the Council of State may be subject to rectification.
• Individual application to the Constitutional Court: If the court decision is alleged to violate fundamental rights or fairness, an application may be lodged with the Constitutional Court.
• Application to the European Court of Human Rights (ECHR): If all domestic remedies are exhausted, an application may be made to the ECHR.

Possible Outcomes and Effects

The outcome of a revocation case may vary, and each has significant legal and factual implications:

1. Revocation Decision
   • The citizenship decision is retroactively nullified.
   • The person is removed from the civil registry as a Turkish citizen.
   • The person may apply for citizenship again if current conditions are met.
   • Administrative measures (e.g., cancellation of ID and civil records) are implemented.
   • Once the decision becomes final, the loss of citizenship is definitive.
2. Dismissal of the Case
   • The revocation claim is rejected; the citizenship decision remains valid.
   • The applicant may pursue further legal remedies (e.g., Constitutional Court or ECHR).
   • Upon finalization, the individual’s citizenship status remains unchanged.
3. Acceptance of the Case
   • The court annuls the administrative decision; the person remains a Turkish citizen.
   • All rights derived from citizenship are reinstated.
4. Loss of Rights Due to Delay
   • If the case is filed too late, loss of evidence or procedural rights may occur.
   • However, if the 60-day filing period is respected, the case is reviewed on its merits.
5. Effect on Family Members
   • The spouse or children who obtained citizenship through the individual may also lose their status.
6. Statelessness Issue
   • Even if the revocation renders a person stateless, this does not in itself prevent revocation.
   • Nevertheless, under international human rights principles, statelessness is carefully evaluated.

Strategic and Practical Recommendations

• Prompt action: The notification date of the revocation decision is crucial; the 60-day deadline must not be missed.
• Evidence collection: Maintain all original documents supporting the truthfulness of the application; witness statements and official records are significant.
• Legal representation: Since citizenship law is a complex and technical area, representation by an attorney specialized in administrative and foreigners’ law is strongly advised.
• Re-application possibility: A person whose citizenship has been revoked may re-apply if the necessary conditions are re-established; however, re-application based on the same invalid grounds is not possible.
• Domestic and international legal avenues: If the administrative and judicial processes conclude unfavorably, applications may be made to the Constitutional Court or the ECHR.
• Effective use of evidence: Procedural defects, lack of reasoning, or disproportionate administrative measures may serve as strong arguments in litigation.
• Limitation defense: In cases where the administration acts after an excessively long time, the applicant may argue violation of legal certainty and foreseeability principles.

Conclusion

The revocation of Turkish citizenship is a technical and sensitive procedure requiring advanced knowledge of administrative law. Written and documentary evidence, procedural rules, limits of administrative discretion, and evidentiary evaluation all play key roles in this process.
Since such lawsuits are filed against the Directorate General of Population and Citizenship Affairs and are heard in Ankara, it is strongly recommended to engage without delay a qualified attorney practicing in Ankara who specializes in this field.