Appeal Against Administrative Detention in Turkey 2026

How to Appeal an Administrative Detention Decision in Turkey

The main legal route out of a removal centre is to challenge the administrative detention decision (idari gözetim kararı) issued against the foreigner before the Sulh Ceza Hâkimliği (Criminal Judgeship of Peace). You can find a sample administrative detention appeal petition here. In addition, if the foreigner’s removal from the country needs to be prevented, a separate annulment case must also be filed before the İdare Mahkemesi (Administrative Court) against the deportation decision. These two steps are different from one another:

• the administrative detention appeal concerns the foreigner’s being held in the removal centre,
• while the annulment case concerns the deportation (deport) decision itself.

The fact that a foreigner has been taken to the removal centre in Tuzla, Arnavutköy, Çatalca, Binkılıç or to another removal centre in Turkey does not necessarily mean that he or she will be deported and sent out of Turkey. Administrative detention is not a punishment; it is an administrative measure applied in order to carry out the deportation process and it is open to judicial review.

For this reason, the answer to the question “My relative is in a removal centre, what should I do?” is not only to find out which centre he or she is in. The administrative detention decision, the deportation decision, the grounds for these decisions, the notification dates, the foreigner’s family and residence situation, health conditions and ties with Turkey must all be examined together.

Which Decision Do You Appeal to Get Out of a Removal Centre?

The measure that directly restricts the liberty of a foreigner held in a removal centre is the administrative detention decision (idari gözetim kararı).

Under Article 57 of Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu), certain foreigners against whom a deportation decision has been issued may be placed under administrative detention.

A risk of absconding or disappearing, breach of the rules on entry into or exit from Turkey, use of false or unfounded documents, failure to leave within the period granted to leave Turkey, or a risk assessment in terms of public order, public security or public health may be among the grounds for this decision.

However, the existence of an administrative detention decision does not mean that the foreigner must necessarily be held in the centre for months.

Both at the outset and throughout the period it continues, administrative detention must rest on necessary, proportionate and up-to-date grounds.

In its decisions on administrative detention, the Anayasa Mahkemesi (Constitutional Court) also emphasises that this measure, which restricts personal liberty, cannot be applied arbitrarily and that the necessary legal safeguards must be provided.

Removal Centre Release vs. Annulment of the Deportation Order

No. This distinction is one of the most important legal points in removal centre files. For release from the removal centre, an application must be made to the Sulh Ceza Hâkimliği against the administrative detention decision and, as a result of that application, the judge must lift the administrative detention decision. Annulment of the deportation or deport decision, on the other hand, is a separate annulment case filed before the İdare Mahkemesi (Administrative Court). What is requested from the court in that case is the annulment of the deportation/deport decision.

Where a foreigner’s administrative detention is lifted and he or she leaves the removal centre, this does not automatically set aside the deportation decision issued against him or her.

Likewise, the fact that a case has been filed against the deportation decision does not result in the foreigner being automatically released from the removal centre.

For this reason, particularly for foreigners who are subject to both an administrative detention decision and a deportation decision, the two decisions must be examined separately.

Filing the Appeal With the Sulh Ceza Hâkimliği (Criminal Judgeship of Peace)

Under Article 57 of Law No. 6458, the foreigner under administrative detention, his or her legal representative or lawyer may apply to the Sulh Ceza Hâkimliği against the administrative detention decision.

The application may be filed directly with the competent judgeship or it may be submitted to the administration. A petition submitted to the administration must be forwarded to the competent Sulh Ceza Hâkimliği.

The law provides that the judge shall conclude the review within five days.

There is an important detail here:

The five-day period is the court’s review period.

It cannot be interpreted as “the foreigner is certainly released exactly five days after the application is filed”. Release depends on the judgeship deciding to lift the administrative detention, and the implementation of that decision by the administration requires a separate practical step.

For this reason, expressions such as “guaranteed release from the removal centre in 5 days” are not legally correct.

What the Judge Looks At in an Administrative Detention Appeal

You can review the case law in our archive on this subject in the precedent decisions section.

When the judge examines the appeal against the administrative detention decision, he or she assesses the following:

Is it genuinely necessary for this person to still be held in a closed removal centre?

In particular:

1- whether the foreigner has a specific and verifiable address,

2- whether his or her family lives in Turkey, whether there is a spouse or children,

3- the nature of any ongoing criminal or administrative investigation and whether there is any concrete fact indicating a risk of absconding or disappearing,

4- his or her state of health and whether the same aim can be achieved through alternatives to administrative detention,

5- whether he or she is among the foreigners who cannot be deported — these are the matters that carry weight.

In the decision of the İzmir 2. Sulh Ceza Hâkimliği (İzmir 2nd Criminal Judgeship of Peace) numbered 2022/9071 D. İş, the foreigner’s settled place of residence, the status of the criminal/administrative investigation and the length of the administrative detention were assessed together; it was pointed out that administrative detention must be regarded as a last resort and that the same aim could also be achieved through the alternative obligations under Article 57/A of the YUKK. This decision reflects an important legal approach:

The issue is not merely whether administrative detention is provided for in the law, but whether it is still necessary for the specific individual concerned.

Does a Fixed Address Secure Release From a Removal Centre?

A fixed address is an important factor, but on its own it is not a guarantee of release. The foreigner’s showing a specific address where he or she can genuinely live may carry weight in the assessment of the possibility of absconding or disappearing. Our archive contains decisions in which administrative detention was lifted where a fixed address existed. You can review that decision under the heading on a reachable address.

A lease agreement, title deed record, the residence address of a spouse or family member and other documents showing that the person can live at that address may be used in these appeals.

However, the court assesses all the conditions together.

For this reason, rather than merely submitting a lease contract, it is more meaningful to prepare a comprehensive file setting out the person’s pattern of life in Turkey.

Do Family Ties in Turkey Affect Release From a Removal Centre?

Family ties may also be important depending on the file. A Turkish citizen spouse, children living in Turkey, the situation of children in education, family members in need of care or a family life that has continued for a long time are factors that may be taken into account, particularly in the proportionality assessment. However, the existence of a family tie alone does not mean that administrative detention will necessarily be lifted.

The aim here is to substantiate that there is no likelihood of the person absconding and that the supervisory aim pursued by the State can also be achieved through lighter measures.

Can You Leave a Removal Centre on a Signature (Reporting) Obligation?

Yes, the legislation provides for alternative obligations that may be applied instead of administrative detention. Under Article 57/A of the YUKK, in addition to residing at a specified address and reporting, different alternative measures such as family-based return, return counselling, a guarantee and, in certain cases, electronic monitoring may be applied.

In practice, one of the best-known methods is residing at a specified address and complying with a reporting or “signature” obligation at set times.

In the case underlying the decision of the Anayasa Mahkemesi in Khaled Kadour, B. No: 2020/13340, it can be seen that the foreigner was released from the removal centre by way of residing at the address he had declared and being subject to a signature obligation. This example shows that administrative detention does not have to continue in the form of being held in a closed centre in every case.

Can the Administration Lift Administrative Detention Without a Court Decision?

Yes. Whether the continuation of administrative detention is necessary is not assessed only during the appeal before the Sulh Ceza Hâkimliği. The administration is also obliged to assess regularly whether the continuation of administrative detention remains essential. In current practice this assessment is carried out every month; where deemed necessary, an assessment may also be made without waiting for the thirty-day period.

Where it is concluded that the continuation of administrative detention is not essential, the matter is reported to the Ministry and, if approved, administrative detention is lifted and one or more of the alternative obligations under Article 57/A of the YUKK may be applied.

Release from a removal centre is therefore not a process that takes place only through a court decision. Administrative detention may also come to an end as a result of the periodic assessment carried out by the administration. You can review the decision in our archive in which an administrative detention decision extended without reasoning was annulled.

Can You Reapply If the Administrative Detention Appeal Is Rejected?

Yes. This is one of the most widely misunderstood points concerning administrative detention. The fact that the Sulh Ceza Hâkimliği rejects the first application does not mean that the person’s being held in the removal centre can no longer be challenged in any way. Law No. 6458 allows a fresh application where the conditions of administrative detention cease to exist or change.

This mechanism was also addressed clearly in the decision of the Anayasa Mahkemesi in K.A., B. No: 2014/13044, dated 11.11.2015. Accordingly, after the first appeal, for example the emergence of a new fixed address, a change in family circumstances, the conclusion of a criminal investigation, the emergence of a new legal situation affecting the enforceability of the deportation process, or the disappearance of the grounds justifying continued detention may form the subject of a new application. The facts of the K.A. decision are also important in this respect. The Constitutional Court examined in detail the continuation of administrative detention without sufficient regard to the changes in the applicant’s circumstances and to the enforceability of the deportation process. For this reason, a removal centre file should not be closed by saying “an appeal was filed once and it was rejected”.

How Long Can a Foreigner Be Held in a Removal Centre?

The administrative detention period applied for the purpose of deportation may, as a rule, not exceed six months. However, where the deportation process cannot be completed because the foreigner fails to cooperate or does not provide correct information or documents about his or her country, this period may be extended by a maximum of six further months. The upper limit provided for in the law may therefore reach a total of twelve months under certain conditions. However, this provision does not mean that “the administration may hold everyone for six or twelve months”.

Whether administrative detention is necessary must be assessed separately every month.

A detention measure that was lawful at the outset may become unlawful after circumstances change.

The case law of the Anayasa Mahkemesi on administrative detention also emphasises that the administration cannot deprive a person of liberty for an unlimited period and that the necessary diligence and procedural safeguards must be applied while the measure continues.

Does Filing a Deportation Annulment Case Get You Out of the Removal Centre?

Filing a case against a deportation decision and appealing against an administrative detention decision are different legal steps. Under Article 53 of Law No. 6458, an application may be made to the İdare Mahkemesi within seven days of notification of the deportation decision. Without prejudice to the foreigner’s departure of his or her own free will, the deportation is not carried out during the period for filing the case or, where a case is filed, until the proceedings are concluded. However, this does not mean that the person is automatically released from the removal centre.

In order to bring the detention in the removal centre to an end, the administrative detention decision must be lifted.

For this reason, in most files two questions must be asked at the same time in practice:

Can the foreigner be deported?

and

Is it necessary to hold the foreigner in the removal centre while the case continues?

This is one of the fundamental points that distinguishes a lawyer specialised in immigration law from an ordinary applicant.

Why the Deadline Matters When Challenging a Deportation Decision

One of the most critical periods in the files of foreigners held in removal centres is the 7-day period for filing a case against the deportation decision. For detailed information: how to stop a deportation order

The period starts to run from the notification of the decision.

For this reason, when a foreigner is taken to a removal centre, it should not be considered sufficient merely to send his or her passport or identity document; the deportation decision issued against the person and the notification documents must also be identified as quickly as possible.

Confusing the administrative detention appeal with the annulment case against the deportation decision is a significant mistake that may lead to the 7-day period being missed.

Which Documents Matter in a Removal Centre File?

An application for release from a removal centre must be prepared separately for each individual.

The administrative detention decision and notification records, the deportation decision, passport or identity documents, documents showing a fixed residence address, a lease agreement or title deed, civil registry or residence documents relating to the spouse and children, medical reports, documents relating to ongoing or concluded criminal investigations, the residence and work permit history and, where applicable, documents relating to the international protection process must all be assessed together.

The aim here is not to submit as many documents as possible; it is to select the documents that can legally show why the continuation of administrative detention is no longer necessary.

My Relative Is in a Removal Centre: What Should I Do First?

At the first stage, it must be established which removal centre the foreigner is in and the written decisions issued against him or her must be obtained.

In particular, the following four matters must be distinguished from one another:

Is there an administrative detention decision?

Is there a deportation decision?

On what date were the decisions notified?

What are the personal and legal circumstances supporting the foreigner’s request for release?

After that, the application to the Sulh Ceza Hâkimliği and, where necessary, the İdare Mahkemesi case concerning the deportation decision must be planned separately.

Do You Need a Lawyer to Get Out of a Removal Centre?

No. Under the law, the foreigner himself or herself, his or her legal representative or lawyer may apply to the Sulh Ceza Hâkimliği.

However, since the deportation decision, the tahdit kodu (entry restriction code), the notification date, family ties, international protection, the state of health and alternative measures may all arise at the same time in administrative detention files, it is important to assess the file as a whole.

In addition, for foreigners who do not have the means to pay legal fees, where the conditions are met and a request is made, legal support may be provided under the legal aid (adli yardım) scheme within the framework of Law No. 1136 on Attorneyship (Avukatlık Kanunu).

Does an International Protection Application Mean Automatic Release?

No. An international protection claim or a non-refoulement claim may be extremely important in the file; however, there is no general rule to the effect that “I applied for international protection, so I will be released automatically”. For detailed information: international protection application and administrative detention

In particular, claims such as a risk of the death penalty, torture, or inhuman or degrading treatment in the country to which the foreigner would be sent must be assessed separately, both in terms of the enforceability of the deportation decision and in terms of the necessity of continuing administrative detention.

Certain special situations under Article 55 of the YUKK, such as serious health problems, pregnancy, access to treatment, being a victim of human trafficking and being a victim of violence, are also of particular importance in the deportation process.

A protection claim is therefore not an “automatic exit method”; it is a separate area of legal assessment which, depending on the nature of the specific case, may affect the deportation and administrative detention file.

Can Voluntary Return Get You Out of a Removal Centre?

If the foreigner wishes to return to his or her country of his or her own free will, the voluntary return process may also come into play.

However, voluntary return must be based on genuinely voluntary and informed consent.

Where there is a serious security or ill-treatment risk in the foreigner’s country, where there is an international protection claim, or where the person does not understand the consequences of the document he or she signs, this matter must be assessed with particular care.

Voluntary return does not have the same legal result as “release from the removal centre” in the sense of being set free within Turkey; it is a different process that ends with the person leaving Turkey.

Does Release From a Removal Centre Cancel the Deportation Order?

No. Lifting administrative detention only brings to an end the measure concerning the foreigner’s being held in a closed removal centre.

The deportation decision, the tahdit kodu or the ban on entry to Turkey issued against the person may still remain in force separately.

For this reason, the file of a foreigner who leaves a removal centre should not be regarded as closed.

The deportation decision, entry restriction codes, entry ban, residence status and alternative obligations must be followed up separately.

What Precedent Decisions Show About Release From Removal Centres

In the decision of the Anayasa Mahkemesi in A.V. and Others, B. No: 2013/1649, allegations of unlawful and arbitrary detention in a removal centre were assessed within the framework of the right to personal liberty and security and a violation was found.

The decision in K.A., B. No: 2014/13044, on the other hand, is important in showing that the initial ground for administrative detention cannot be regarded as sufficient indefinitely. Changes in a person’s legal situation must be taken into account by the administration and by the Criminal Judgeships of Peace.

In the decision of the İzmir 2. Sulh Ceza Hâkimliği numbered 2022/9071 D. İş, administrative detention was lifted after it was assessed that the settled place of residence, the status of the investigation and the alternative obligations could be sufficient.

The case underlying the decision of the Anayasa Mahkemesi numbered 2020/13340 shows that a person may be released from a removal centre through residing at a specified address and a signature obligation.

When this case law is assessed together, the fundamental legal question is this:

Can the supervisory aim pursued by the State be achieved without completely restricting the person’s liberty?

If the answer in the specific case is yes, alternatives to administrative detention must be seriously considered. For detailed information: precedent decisions

Conclusion: Release From a Removal Centre Is Not a Single Step

The most significant mistake in removal centre files is to assume that the whole problem will be solved simply by preparing a “release petition”.

A proper examination covers at least three separate areas:

Administrative detention: Should the foreigner continue to be held in the removal centre?

Deportation decision: Can the foreigner be removed from Turkey?

Status after release: After leaving the centre, which address, reporting, entry restriction code or residence problem will continue?

For this reason, for a foreigner in a removal centre, the dates, grounds and notification documents of the administrative detention and deportation decisions must first be examined together.

Because the deportation decision in particular is subject to a 7-day period for filing a case, it is important to identify the decisions without delay.

Legal Sources and Precedent Decisions

This content was prepared primarily on the basis of Articles 53, 55, 57 and 57/A of Law No. 6458 on Foreigners and International Protection, together with the current explanations of the Göç İdaresi Başkanlığı (Presidency of Migration Management) on deportation and administrative detention; Constitutional Court, A.V. and Others, B. No: 2013/1649, 20.01.2016; Constitutional Court, K.A., B. No: 2014/13044, 11.11.2015; Constitutional Court, Khaled Kadour, B. No: 2020/13340, 19.01.2022; and the decision of the İzmir 2. Sulh Ceza Hâkimliği, 2022/9071 D. İş, dated 01.11.2022.