According to Article 52 of the Law on Foreigners and International Protection, an administrative detention order may be issued for foreigners who are decided to be deported, if there is a suspicion of escaping until deportation. Administrative detention is a measure that includes obligations such as the foreigner residing in a certain place and signing up regularly with law enforcement authorities.
The administrative detention decision is notified to the foreigner about whom the deportation decision has been made. An objection may be made to the criminal judgeship of peace against the administrative detention decision within 7 days from the date of notification.
In the objection petition:
Reasons why the administrative detention decision is against the law,
Assurances that the appellant will not leave Turkey,
Documents regarding the appellant’s residence in Turkey
should take place.
After reviewing the petition of objection, the criminal judge of peace decides to lift or continue the administrative detention decision. The decision of the criminal judge of peace is final.
Some situations in which an administrative detention decision may be appealed are as follows:
The foreigner is resident in Turkey and has family unity
The foreigner must have a job in Turkey and have a work permit
The foreigner has health problems and continues his treatment in Turkey
The foreigner has an application for international protection
Even if the objection period to the administrative detention decision is missed, the foreigner can always re-apply to the criminal judgeship of peace.
It is important to get legal help from a lawyer regarding objecting to the administrative detention decision.