Foreign nationals detained at Van Kurubaş Removal Centre in Türkiye may face deportation proceedings, administrative detention, or both. Understanding the available legal remedies and applicable deadlines is essential, particularly when a person is at risk of being removed from Türkiye.
Van Kurubaş Removal Centre operates within the Turkish migration administration system in Van Province. Due to Van’s location near Türkiye’s eastern borders, foreign nationals apprehended in the region may be transferred to this centre.
This guide explains the legal procedures concerning deportation decisions, objections to administrative detention, and access to legal assistance under Law No. 6458 on Foreigners and International Protection (LFIP).
1. What Is a Deportation Decision in Türkiye?
A deportation decision, also referred to as a removal decision, is an administrative decision requiring a foreign national to leave Türkiye and be removed to a country permitted under the applicable legislation.
Such decisions may be issued on statutory grounds, including certain violations of immigration rules, the use of false documents, or circumstances involving public order or public security. The legal grounds and individual circumstances must be assessed in each case.
A deportation decision and administrative detention are separate legal measures. A person may be subject to a deportation decision and may also be placed in administrative detention if the statutory conditions are met.
Foreign nationals subject to removal proceedings may be transferred to a removal centre under the applicable legal procedures.
2. Administrative Detention at Van Kurubaş Removal Centre
Under Article 57 of Law No. 6458, the competent authorities may order administrative detention for certain foreign nationals subject to deportation proceedings. The statutory conditions include, among others, a risk of absconding or disappearing, violations of legal entry or exit requirements, the use of false documents, failure to leave Türkiye within the applicable period without an acceptable justification, or a threat to public order, public security, or public health.
The legality and continuation of detention must be assessed in light of the applicable law and the individual’s circumstances.
Duration of Administrative Detention
Under Article 57 of Law No. 6458:
- Initial maximum period: Administrative detention in a removal centre may not exceed six months.
- Possible extension: The period may be extended for up to a further six months if removal cannot be completed because the foreign national fails to cooperate or fails to provide correct information or documents concerning their country.
- Periodic review: The provincial governorate must regularly assess whether continued detention remains necessary. The review is generally conducted monthly, and detention must be ended if it is no longer considered necessary.
These statutory maximum periods do not mean that every person must remain detained for the full period. Whether detention should continue depends on the circumstances of the individual case.
The Right to Consult a Lawyer
Foreign nationals held in a removal centre may seek legal assistance and consult a lawyer in accordance with the applicable legislation and centre procedures.
Legal assistance may be particularly important where a person has received a deportation decision, has been placed in administrative detention, cannot understand the documents served on them, or needs to challenge an administrative measure within a strict deadline.
3. How Can Administrative Detention Be Challenged?
A foreign national who considers their administrative detention unlawful may apply to the competent Criminal Judgeship of Peace. The application may be submitted by the detained person, their legal representative, or their lawyer.
Which Court Is Competent?
Under Article 57(6) of Law No. 6458, objections to administrative detention are examined by the competent Criminal Judgeship of Peace.
For a person held at Van Kurubaş Removal Centre, the competent judicial authority should be determined in accordance with the applicable jurisdictional rules.
The judge must examine the application within the statutory period. Under Article 57, the review is to be completed within five days.
The decision of the Criminal Judgeship of Peace is final under this provision. However, a further application may be made if the conditions for administrative detention have ceased to exist or have changed.
Important: Filing an objection does not automatically suspend administrative detention or guarantee release. The court examines the circumstances and determines whether the detention should continue.
Alternatives to Administrative Detention
Turkish law provides for alternative obligations in appropriate cases. Depending on the statutory conditions and the individual circumstances, these may include:
- An obligation to reside at a specified address.
- Regular reporting to the authorities.
- Family-based return or return counselling measures, where applicable.
- Voluntary service for the public benefit.
- A financial guarantee.
- Electronic monitoring.
The availability and suitability of an alternative measure must be assessed individually. These measures are not automatically granted merely because an objection has been filed.
4. How Can a Deportation Decision Be Challenged?
A foreign national who wishes to challenge a deportation decision may bring an annulment action before the competent administrative court.
The applicable deadline is particularly important because deportation proceedings are subject to a short statutory period.
The Seven-Day Deadline
Under Article 53(3) of Law No. 6458, a foreign national, their legal representative, or their lawyer may apply to the administrative court against a deportation decision within seven days from notification of the decision.
The deadline must be calculated carefully in light of the notification documents and the procedural rules applicable to the case. Missing the deadline may result in serious consequences for the foreign national’s ability to challenge the decision.
Where a deportation decision has been issued by the Van Governorate, the competent administrative court must be determined according to the applicable jurisdictional rules.
Does Filing a Lawsuit Stop Deportation?
Under Article 53 of Law No. 6458, a foreign national is generally not removed during the period for bringing proceedings or while judicial proceedings are pending, subject to the statutory exceptions.
The law provides exceptions for certain categories of deportation decisions, including specified cases involving persons associated with terrorist organisations or assessed as posing a threat to public order or public security.
Therefore, the legal effect of filing a lawsuit must be assessed in light of the specific legal basis of the decision and the applicable statutory exceptions. It should not be assumed that filing a lawsuit will prevent removal in every case.
For this reason, the deportation decision, the notification documents, any restriction codes, and the individual’s circumstances should be examined promptly.
5. Immigration Restriction Codes and Entry Bans
Foreign nationals may have restriction codes or other records entered into immigration databases. The meaning and legal consequences of a code depend on the applicable administrative framework and the circumstances in which it was recorded.
A restriction code may affect residence applications, entry into Türkiye, or other immigration procedures. However, the presence of a code alone does not establish the complete legal position of the individual.
Before determining whether a code can be challenged or removed, it is important to examine the relevant administrative records, the underlying decision, and any available judicial remedies.
Each case requires an individual assessment. The appropriate legal strategy will depend on the nature of the restriction, the reasons for its imposition, and the person’s immigration and judicial history.
1. How can I visit a family member held at Van Kurubaş Removal Centre?
The procedures for visiting a foreign national held in a removal centre depend on the applicable rules and the centre’s arrangements.
If your family member is being held at Van Kurubaş Removal Centre, you should contact the relevant authorities to confirm the current visiting procedure and the documents required. A lawyer can also assist with enquiries concerning the person’s legal situation and access to legal representation.
2. How long does a deportation lawsuit take?
The duration of a deportation case depends on the applicable legal procedure, the court’s workload, the documents in the file, and whether further information or procedural steps are required.
Article 53 of Law No. 6458 provides for an expedited procedure. However, the actual duration of an individual case cannot be guaranteed in advance.
The legal consequences of filing a lawsuit, including whether removal is suspended, must be assessed separately in light of the applicable legislation and the circumstances of the case.
3. Can I challenge a deportation decision without a lawyer?
A foreign national may, where legally permitted, bring proceedings without appointing a lawyer. However, deportation cases involve strict deadlines and legal requirements.
Difficulty understanding Turkish, identifying the competent court, obtaining the relevant documents, or presenting the legal grounds for the challenge may create additional risks.
Obtaining legal assistance can help the person understand the decision, identify the available remedies, and take the necessary procedural steps within the applicable deadlines.
4. Can a lawyer help someone detained at Van Kurubaş Removal Centre?
A lawyer may examine the relevant administrative decisions and documents, assess whether the conditions for challenging deportation or administrative detention are met, and take the appropriate legal steps.
The available remedies depend on the individual circumstances, the decisions issued by the authorities, and the applicable statutory deadlines.
Contact the Law Office for Legal Assistance
If you or a family member is being held at Van Kurubaş Removal Centre or has received a deportation decision in Türkiye, the relevant documents and deadlines should be reviewed promptly.
Av. Tekin Doğan provides legal assistance in matters involving deportation decisions, administrative detention, and related immigration procedures, subject to an assessment of the individual case.
To enquire about legal assistance, please contact the law office and provide the available information about the person concerned, the relevant administrative decisions, and the dates on which those decisions were notified.
Phone: +90 541 545 0749
Email: avukat@tekindogan.av.tr
Office: Ezar Plaza İş Merkezi, Floor 4, No. 46, İpekyolu, Van, Türkiye
WhatsApp: Please use the WhatsApp contact link provided on this website.
Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice concerning any particular case.
Immigration procedures, legal deadlines, and available remedies depend on the applicable legislation and the circumstances of each individual case. The publication of this article does not establish an attorney-client relationship.
Foreign nationals facing deportation or administrative detention should obtain an individual assessment of their situation without delay.
