An entry ban in Turkiye is an administrative action carried out by the Provincial Governorships or the Directorate General of Migration Management based on Article 9 of the Law on Foreigners and International Protection, targeting foreigners who have been deported, found illegally residing, or have left Turkiye after being identified as unlawfully staying. Additionally, the Directorate General of Migration Management may impose an entry ban on foreigners deemed a threat to public order, security, or health, regardless of their current status in Turkiye.

  • Process for Filing a Lawsuit to Cancel the Entry Ban

To ensure the lawsuit is filed within the statutory time and the petition complies with Articles 3 and 5 of the Administrative Procedure Law No. 2577, certain issues must first be reviewed.

Although there is a regulation in Article 10 of Law No. 6458 regarding the notification of the entry ban decision, in practice, these decisions are generally not communicated to the concerned parties. As a result, individuals often learn about their entry ban orally or through other administrative actions. The first step is to check if the entry ban decision has been notified. Below is the relevant section of Article 10 of Law No. 6458:

Notification of Entry Ban

ARTICLE 10 – (1) The notification of the entry ban for foreigners falling under the first paragraph of Article 9 is made by the authorized authorities at border gates when the foreigner arrives to enter Turkiye. For those under the second paragraph of Article 9, notifications are made by the provincial governorships. The notification should include how the foreigner can effectively use their right to appeal the decision and their other legal rights and obligations in the process.

a) If Notification Has Been Made: If the entry ban decision has been properly notified, the individual must file a "Lawsuit for Cancellation of the Entry Ban" within 60 days of the notification date. The competent court is the Administrative Court, and the relevant court is the one located in the jurisdiction of the institution that issued the decision. If the decision was made by a Provincial Governorship or the Directorate General of Migration Management, the lawsuit should be filed in the court located within the jurisdiction of the issuing authority. Cases filed in an unauthorized court will be sent to the competent court by the administrative court.

b) If the Ban is Learned Without Notification: If no notification has been made, and the individual can prove in writing when they learned about the ban, this date will be considered the start of the 60-day period to file the lawsuit. For example, if the existence of the ban was learned by reviewing the deportation file, the date the file review request was made will serve as the starting point, and the lawsuit must be filed within 60 days from that date.

Filing After the Statutory Period Has Lapsed: If the notification has been made or the learning date is proven in writing, and 60 days have passed, a petition can be filed according to Article 10 of Law No. 2577 to prevent the statute of limitations from being missed. This is because the entry ban decision is a continuous action. Those affected by such a decision can apply to the administrative authority requesting the cancellation of the ban. If this request is rejected, a lawsuit can be filed. According to the relevant article:

1. Individuals can apply to the administrative authorities for an action or decision subject to an administrative lawsuit..

If no response is given within thirty days, the request is deemed denied..

Additionally, because it is a continuous process, a request can be made to the authority that issued the entry ban to lift it. If this request is denied, a cancellation lawsuit can be filed.

d) Situation Without Documentation: If the individual learns of the entry ban orally, and there is no document proving this, or if the date and number of the decision are unclear, they can use the Freedom of Information Act No. 4982 to obtain a document regarding the entry ban's existence.

Since the Directorate General of Migration Management and provincial governorships are authorized to handle such cases, the request should be made to the Directorate General, specifying which authority issued the decision.

  • Preparing the Lawsuit Petition 

If the entry ban decision is made under the first paragraph of Article 9 due to concerns about public order, security, or health, the court needs to be convinced that the individual does not pose a threat to public order, security, or health.

In the lawsuit petition, it is not enough to simply claim that the individual does not pose a threat to public order, security, or health. A stronger argument is needed to convince the court. Therefore, the individual's past life, activities, and current situation must be presented in detail, supported by all available evidence.

For instance, the individual’s reasons for staying in Turkey (e.g., legal residence status, ongoing studies, family ties, employment history), as well as any relevant documents such as legal permits or the individual's political history, should be submitted.

Request for Suspension of Execution

In lawsuits for the cancellation of an entry ban, the suspension of the execution of the administrative action is a critical step. If the individual is abroad, they cannot enter Turkiye, and if they are in Turkiye, they may be arrested and deported. If deported, there is a risk of facing severe consequences like torture, ill-treatment, or even the death penalty in the country they are deported to. Therefore, to avoid such consequences during the lawsuit process, a request to suspend the execution must be made based on the legal arguments regarding the ban's unlawfulness and the irreparable harm that may result from its enforcement.

Appeal Process

In lawsuits for the cancellation of an entry ban, the decision of the administrative court can be appealed through the appeal process. If the first-instance court rejects the case, the decision can be appealed within 30 days of notification.

In the event of a favorable ruling, the defendant may appeal the decision. During this stage, the plaintiff should submit a counter-defence within 30 days, justifying why the decision is correct and legally sound.

The appeal decisions made by the appeal courts are final, and no further appeal can be made to the Court of Cassation.

However, if the plaintiff believes that their constitutional rights or rights under the European Convention on Human Rights have been violated due to the entry ban, they can file an individual application to the Constitutional Court within 30 days from the date of learning of the appeal decision.

If the Constitutional Court rejects the application, it may be appealed to the European Court of Human Rights.

[1] Istanbul Bar of Association Refugee Law Handbook– I / November 2021.