Restriction Codes Determined by the Reason for Deportation under the Foreigners and International Protection Law Numbered 6458
Introduction
Foreigners and International Protection Law numbered 6458 (“Law”) was published and came into force in the Official Gazette dated on April 11th, 2013. Foreign citizens who come to our country for various purposes and do not exercise due diligence to comply with the laws within the borders of the country; within the scope of Articles 52 and 60 of the Law, are deported for the purpose of preventing crime, ensuring security and enforcing the law. When deporting foreigners, a restriction code is entered in their registers depending on the reasons for their deportation. These codes indicate an entry ban and show why and for how long the foreigner was deported from the country. It is extremely important to know the restriction codes in terms of the procedures to be taken regarding deportation interrogation and cancelment.
- Restriction codes, the reason for the restriction code and determining how long the foreigner has been deported according to the reason for the restriction code
Prohibition of entry to the country consists of processing one or more of about 100 different restriction codes in the Foreigner's Registry, depending on the legal and actual status of the foreigner. Some of these codes, the reason for processing the restriction code and how long the foreigner is prohibited from entering the country are as follows:
- “V-69. Foreigners whose residence permit has been cancelled” V-69 restriction code is applied to foreigners whose residence permit is canceled due to non-compliance with the residence rules after obtaining a residence permit in Turkey and the person is not granted a residence permit for 5 years.
- “V-70. Sham marriage” In order to obtain a residence permit in Turkey, the V-70 restriction code is applied to foreigners who make a sham marriage, and they are not allowed to enter Turkey for up to 5 years.
- “V-84. Foreigners who have entered the country on condition that they receive their residence permit within ten days” If foreigners who have entered the country on condition that they receive their residence permit within ten days do not apply to foreign branches to obtain a residence permit within this period, a temporary entry ban shall be placed on their registry.
- “G-78. Foreigners who carry infectious diseases” Foreigners who carry infectious diseases are prohibited from entering Turkey indefinitely by applying the G-78 restriction code.
- “G-87. Foreigners who pose a risk for general safety” It is applied to foreigners who are considered to be inconvenient in terms of general security or may be related to terrorism. Foreigners with the G-87 restriction code in their registry are prohibited from entering Turkey or deportation decision is taken if they are in Turkey.
- “Ç-113. Illegal entry-exit” Foreigners who enter-exit Turkey illegally are prevented from entering Turkey for 2 years by applying a restriction code of Ç-113, and an administrative fine is also imposed. If the administrative fine is paid, foreigners cannot enter Turkey just for 2 years. On condition that the administrative fine is not paid, they shall be prevented from entering Turkey for 5 years in addition to 2 years.
- “Ç-114. Foreigners with judicial proceedings against them” Foreigners with judicial proceedings against them while in Turkey, regardless of whether they are guilty or not, prohibition of entry to Turkey is applied for a year.
- “Ç-115 Foreigners who have been released from prison” Foreigners who have committed a crime and completed their imprisonment in Turkey shall be prohibited from entering Turkey for a period of a year.
- “Ç-116 Foreigners who endanger public morality and health” Foreigners who act against public morality or endanger public health are prevented from entering Turkey for a year.
- “Ç-117. Foreigners who work illegally” Foreigners who work illegally in Turkey are prohibited from entering Turkey for a year by applying the restriction code of Ç-117.
- “Ç-118. Foreigners whose residence permit is cancelled” When it is ascertained that foreigners who have obtained a residence permit in Turkey are using the residence permit for other purposes, they are prohibited from entering Turkey for 5 years by applying the Ç-118 restriction code.
- “Ç-119. Foreigners who receive a fine due to illegal work, but have not paid the fine” If the foreigners receive a fine due to illegal work but have not paid the fine, the restriction code Ç-119 is processed and they are prevented from entering Turkey for 5 years.
- “Ç-120. Foreigners who have not paid the administrative fine arising from visa or residence permit violation” Foreigners who receive an administrative fine due to the violation of a visa or residence permit, but have not paid the fine when leaving Turkey, the foreigner is prevented from re-entering Turkey for 5 years by processing the restriction code Ç-120.
- “Ç-135. Foreigners who violate the Foreigners and International Protection Law 6458” Administrative fines are imposed on foreigners who violate the law. If the fine is not paid, they are prohibited from entering Turkey for a period of 5 years by applying the Ç-135 restriction code.
- “Ç-136. Foreigners who do not pay for travel expenses” If the travel expenses of foreigners cannot be covered by themselves while being deported, travel expenses are afforded by the Republic of Turkey and these costs are requested to be paid for re-entry by processing the restriction code Ç-136.
- “Ç-137. Foreigners who have been invited to desertion” If foreigners who have been invited to leave Turkey within certain periods by the immigration authority do not desert Turkey within these periods, they are prevented from entering Turkey for 5 years by processing the restriction code Ç-137.
- “Ç-138. Stubborn Passenger” If foreigners who are prohibited from entering Turkey are noticed while entering the country, they shall be prevented from entering Turkey for up to 5 years by processing the restriction code Ç-138.
- “Ç-141. Foreigners who are subject to the permission of the Ministry while entering Turkey” Due to the violation of the law they have committed against Turkey, their entry to the country is prohibited by the "Ministry of Internal Affairs", and the restriction code Ç-141 is applied to the foreigner by the Immigration Administration.
- “Ç-149. Foreigners considered inconvenient in terms of public safety” Foreigners who are evaluated by the Risk Analysis Unity to be related to or may cross into conflict zones are prevented from entering Turkey for 5 years by processing the restriction code Ç-149.
- “K. Foreigners who are wanted for smuggling” The K restriction code is entered in the registry of foreigners who commit smuggling crimes and for whom an warrant has been issued. While this code may not apply prohibition of entry to the country, it may be applicable for the purpose of preventing exit abroad.
- “N-99. The Interpol Restriction Code” The N-99 Interpol restriction code is applied to persons who have an Interpol search bulletin issued in their own country or by a country that is a member of the Interpol system. The code shall also cause an entry ban to Turkey. The discretionary power to impose an entry ban rests with the government.
- “N-82. Foreigners subject to prior authorization” According to the N-82 restriction code, foreigners have to obtain a prior authorization to enter Turkey. This situation is an implementation of the ban on entry into the country. In this case, it is impossible for the foreigner to enter Turkey without filing a lawsuit and canceling the code.
- How to Remove Foreign Restriction Code?
Objection against deportation decision can be carried through a lawsuit. Since it is a decision taken by the administration, it is an administrative act. A nullity suit must be filed in the administrative court for the annulment of administrative proceedings. In order to remove the Restriction Codes that cause the prohibition of entry to the country, restriction codes, in some cases, can also be removed with an administrative application, a legitimate invitation, a court decision or a special permission from the T.R. Ministry. Nevertheless, foreigners who are the directors or supporters of a terrorist organization and criminal enterprise, who endanger public security, and whose contact with people liaisoned as an international terrorist organization are identified, are deported even if they file a contestation.
Conclusion
The deportation continuum is regulated between Articles 52 and 60 of the Law. The deportation decision is enforced against those who violate the provisions of Article 54. As required by the clear letter of the Law, this decision is taken only by the Governorates. Foreigners who have been deported are not accepted to the country they were deported from or not allowed to enter the borders of that country for a certain period of time with the restriction code determined according to the reasons for their deportation.
Yazar : Av. Abide Gulel Birsen, Stj. Av. Ceren Buyukdemirel