Introduction

The deportation of foreigners in Turkey and their placement under administrative detention during this process are primarily regulated by Law No. 6458 on Foreigners and International Protection (YUKK) and related regulations. The literature reveals that the deportation decision and the administrative detention decision are two separate administrative acts, but there is a strong connection between them. Administrative detention is an exceptional measure resorted to in order to ensure the enforcement of the deportation decision. Furthermore, these two processes are intertwined. Because foreigners can be placed under administrative detention based on a deportation decision; in other words, it is not possible to issue a standalone administrative detention decision without a deportation decision regarding the foreigner. For instance, it examines the legal remedies available against these two processes for a foreigner detained at the Tuzla Removal Center, within the framework of the presented literature.

In this context, there are two distinct but related fundamental judicial remedies to stop the deportation process and terminate administrative detention. These are: an annulment lawsuit to be filed in the Administrative Court against the deportation decision, and an objection to be made to the Criminal Judgeship of Peace against the administrative detention decision.

1. Legal Remedies to Prevent Deportation (Deport) Process

The ultimate prevention of the deportation process is possible through the determination of the unlawfulness of the deportation decision issued against the person concerned. The primary legal remedy to be pursued for this purpose is to file an annulment lawsuit in the administrative judiciary.

Filing an Annulment Lawsuit in the Administrative Court: Pursuant to Article 53/3 of the YUKK (Foreigners and International Protection Law), an annulment lawsuit can be filed in the **competent** administrative court within **7 days** from the notification of the deportation decision. The most important consequence of this lawsuit is that the deportation process is automatically suspended during the lawsuit. Therefore, **if an application is made to the administrative court against a deportation decision, the foreigner will not be deported until the judicial process is concluded.**

Request for Stay of Execution: Although filing a lawsuit suspends the deportation process, it may not automatically terminate related procedures such as administrative detention. For this reason, a stay of execution can also be requested in the lawsuit petition. A decision for a stay of execution constitutes a strong presumption regarding the unlawfulness of the action and serves as an important basis for the removal of administrative detention. **If a stay of execution is requested when filing a lawsuit, and if there is a clear unlawfulness, a decision to stay the execution will have an effect similar to an annulment decision, meaning that the action will be deemed never to have been carried out from the beginning, and the application of other procedures related to the deportation process may also cease.**

Individual Application to the Constitutional Court: An individual application can be made to the Constitutional Court (AYM) if domestic legal remedies are exhausted or understood to be ineffective. This path is particularly important for foreigners who face a risk of ill-treatment in the country they are to be returned to (non-refoulement principle). The Constitutional Court can suspend the deportation process by accepting a request for an interim measure. Indeed, in one case, “The individual application made by the challenger temporarily suspended the deportation process.”

2. Legal Avenues for the Abolition of Administrative Detention at the Removal Centre

As administrative detention is a measure that directly restricts personal liberty, a special and swift review mechanism has been provided against this decision.

Objection to the Criminal Judgeship of Peace: A foreign national or their lawyer may apply to the Criminal Judgeship of Peace against the administrative detention decision or its extension. This application reviews whether the conditions necessary for the continuation of administrative detention (risk of escape/disappearance, threat to public order, etc.) exist. A foreign national may apply to the criminal judgeship of peace against the administrative detention decision. If the criminal judgeship of peace determines that the administrative detention decision was not taken in accordance with the law, a decision to lift the administrative detention will be issued.

Abolition of Administrative Detention by the Administration (Monthly Reviews): The Governorship is obliged to regularly review the situation of foreign nationals under administrative detention every month. These reviews examine whether there is a necessity for the continuation of detention. The situation of the foreign national under administrative detention is subject to monthly evaluation as to whether there is a necessity for the continuation of the deprivation of liberty measure.” Cases where the continuation of detention is not deemed necessary are enumerated in the legislation:

It is foreseen that the deportation decision cannot be executed within six months.

The emergence of serious indications that the foreign national falls within the scope of those who cannot be deported (Law on Foreigners and International Protection Art. 55).

The elimination of the risk of escape and disappearance.

The foreign national applying for voluntary return support.

Termination of Detention as a Result of the Annulment of the Deportation Decision: Administrative detention is a consequence of the deportation decision. Therefore, if the deportation decision, which is the principal act, is annulled by the administrative court, the administrative detention decision, which is a subsidiary act, also becomes groundless and its removal becomes mandatory. If the administrative court decides to annul the deportation decision, the basis for administrative detention will cease to exist, and thus the administrative detention will terminate.” 

Expiration of Administrative Detention Period: The administrative detention period is as a rule, 6 months. For reasons such as the foreigner’s lack of cooperation or failure to provide accurate information about their country, this period can be extended by a maximum of six more months. Administrative detention exceeding one year in total is unlawful and necessitates release.

Review and Evaluation

The legislation indicates that legal remedies against deportation and administrative detention offer a dual-channel structure. While the review of the merits of the deportation decision is carried out by the Administrative Court, the legality of the administrative detention measure, which restricts personal liberty, is supervised by the Criminal Judgeship of Peace.

An important detail is that administrative detention is an exceptional measure. Not every deportation decision automatically requires administrative detention. Administrative detention is not an automatic consequence of every deportation decision. The administration must present concrete reasons, listed in Article 57 of the LFIP, such as risk of flight, use of forged documents, threat to public order. The absence of these reasons is sufficient cause for the administrative detention decision to be revoked by the Magistrate Criminal Court.

Furthermore, the purpose of administrative detention is not punishment, but to ensure the safe execution of the deportation process. Administrative detention cannot be applied as a criminal measure or a disciplinary sanction on the grounds of entering the country illegally or staying in the country unlawfully. Therefore, in cases where the likelihood of deportation has ceased (e.g., if it is understood that the foreigner is among those who cannot be deported), continuing the detention becomes unlawful.

Conclusion

For example, the legal remedies that can be pursued to prevent a deportation process and lift administrative detention for a foreigner held at the Tuzla Removal Center are, in summary, as follows:

Path Targeting the Deportation Decision: An annulment lawsuit must be filed within 7 days of the notification of the decision with the competent Administrative Court. This lawsuit automatically suspends the deportation process until the end of the trial. If the court accepts the lawsuit and annuls the deportation decision, it also renders the administrative detention without legal basis, thereby ensuring its removal.

Path Targeting the Administrative Detention Decision: Independently of the deportation case or while the case is ongoing, an objection can be made to the Criminal Judgeship of Peace for the annulment of the administrative detention decision. In this objection, issues such as the administrative detention conditions not being met, the duration being exceeded, or there being no necessity for the continuation of detention can be put forward.

Administrative Application and Supervision: The monthly periodic evaluations made by the Governorship should be monitored, and applications should be made to the administration with petitions stating that there is no necessity for the continuation of administrative detention.

These paths constitute a comprehensive legal safeguard system that allows the foreigner to protect their rights both against the risk of deportation and against administrative detention that restricts personal liberty. A article suggestion.

Why is Tuzla Lawyer Support Necessary? | Tuzla Removal Center

For foreigners held under administrative detention and issued a deportation (deport) order at Tuzla Removal Center, legal processes are complex and subject to short application periods. Therefore, the support of an experienced lawyer working in Tuzla is critically important for preventing loss of rights and managing the processes correctly.

A deportation decision, pursuant to Article 53/3 of YUKK, requires the filing of an annulment lawsuit in the Administrative Court within 7 days from the date of notification. This lawsuit suspends the deportation process until the trial concludes. Furthermore, requesting a stay of execution in the petition constitutes a strong legal basis for the annulment of the administrative detention decision.

The administrative detention decision, on the other hand, is reviewed through an appeal to the Criminal Judgeship of Peace. The judge, by examining whether the necessary conditions for the continuation of administrative detention are met, can revoke the detention decision in cases contrary to law. Furthermore, monthly evaluations made by the governorship are also an important control mechanism regarding the continuation of the detention period.

An attorney practicing in Tuzla provides a significant advantage due to their proximity to the Removal Centre for the preparation of petitions, prompt submission of applications, and effective follow-up of court proceedings. Foreigners living in Istanbul’s Pendik, Kartal, Maltepe, Gebze, and surrounding areas can, with the support of an attorney in Tuzla, both reduce the risk of deportation and increase their chance of protecting personal liberty.