What is a Restriction Code and Why is it Applied?
Restriction codes are markers added by law enforcement to the passports of foreigners, preventing them from entering Turkey. These codes outline the reasons for deportation and entry bans for foreigners. They are sometimes used for informational purposes and sometimes to enforce entry bans and deportation. Foreign nationals who do not comply with Turkish laws may have a restriction code applied to their passports, resulting in entry bans ranging from 5 months to 5 years, or in some cases, indefinitely.
Meanings and Applications of Restriction Codes
Ç- Restriction Codes:
- Ç-101: 3-month entry ban and a fine for foreigners violating visa, visa exemption, residence, or work permit regulations.
- Ç-102: 6-month entry ban for similar violations.
- Ç-103: 1-year entry ban for similar violations.
- Ç-104: 2-year entry ban for similar violations.
- Ç-105: 5-year entry ban for similar violations.
- Ç-113: 2-year entry ban and a fine for foreigners entering Turkey illegally.
- Ç-114: 2-year entry ban for foreigners involved in judicial proceedings in Turkey.
- Ç-115: 1-year entry ban for foreigners released from prison in Turkey.
- Ç-116: 1-year entry ban for foreigners endangering public morality or health.
- Ç-117: 1-year entry ban for foreigners working illegally in Turkey.
- Ç-118: 5-year entry ban for foreigners whose residence permits are canceled.
- Ç-119: 5-year entry ban for foreigners working illegally and not paying fines.
- Ç-120: 5-year entry ban for foreigners not paying fines for visa or residence violations.
- Ç-135: Fines and 5-year entry ban for foreigners violating the Foreigners and International Protection Law.
- Ç-136: Foreigners unable to cover travel expenses cannot enter Turkey until they pay.
- Ç-137: 5-year entry ban for foreigners invited to leave Turkey but failing to comply.
- Ç-138: 5-year entry ban for foreigners attempting to enter Turkey while banned.
- Ç-141: Foreigners requiring ministry permission to enter Turkey.
- Ç-150: Foreigners attempting to enter Turkey with false documents.
- Ç-151: Foreigners suspected or involved in human trafficking or smuggling.
- Ç-152: Foreigners prevented from entering Turkey as a precaution.
- Ç-166: Foreigners unable to justify their entry or without sufficient financial means.
V- Restriction Codes:
- V-68: Foreigners requiring ministry permission for residence permits.
- V-69: 5-year ban on residence permits for foreigners whose permits are canceled.
- V-70: 5-year entry ban for foreigners attempting to obtain residence permits through fake marriages.
- V-71: Foreigners not reporting address changes or providing false information.
- V-74: Foreigners whose departures are reported to the ministry and governorships.
- V-77: Foreigners falsely claiming to be Ahıska Turks.
- V-84: Foreigners entering Turkey with the condition of obtaining a residence permit within 10 days.
- V-87: Temporary protection holders who voluntarily return to their country.
- V-88: Foreigners with invalidated work permits.
- V-91: Temporary protection holders requiring permission to leave Turkey.
- V-92: Temporary protection holders with duplicate records.
- V-137: Foreigners invited to leave Turkey.
- V-144: Humanitarian residence permits for foreigners at risk of death if deported.
- V-146: Foreigners with restriction codes on their passports due to judicial proceedings.
- V-148: Foreigners in temporary accommodation centers, lifted when the accommodation period ends.
- V-154: Applied to individuals challenging deportation in administrative court; no entry restriction during litigation.
- V-157: Foreigners whose residence permit applications are rejected.
- V-158: Applied when the ID cards of foreign consulate personnel and their family members are cancelled.
- V-159: Foreigners transiting through Turkey to a third country, posing no investment risk.
G- Restriction Codes:
- G-26: Foreigners involved in or associated with illegal organization activities, subject to deportation.
- G-34: Foreigners committing or showing signs of forgery.
- G-42: Foreigners involved in or showing signs of drug offenses.
- G-43: Foreigners involved in or showing signs of smuggling.
- G-48: Foreigners involved in or showing signs of facilitating prostitution or procuring.
- G-58: Foreigners committing or showing signs of murder.
- G-64: Foreigners committing or showing signs of threats.
- G-65: Foreigners committing or showing signs of theft.
- G-66: Foreigners committing or showing signs of robbery.
- G-67: Foreigners committing or showing signs of fraud.
- G-78: Foreigners with contagious diseases are banned indefinitely from entering Turkey.
- G-82: Foreigners engaging in or showing signs of activities against national security.
- G-87: Foreigners posing a general security threat may be deported.
Authority to Impose Restriction Codes
Restriction codes are applied to maintain public order and security regarding foreign nationals' entry into the country. Provincial Directorate of Migration Management, General Directorate, and Border Gate personnel have the authority to impose these codes. They can also be lifted by the relevant directorate or challenged in court.
Entry Ban to Turkey
According to the Law on Foreigners and International Protection (Law No. 6458), the Directorate General of Migration Management can prohibit the entry of foreigners deemed a risk to public order, safety, or health. Foreigners deported from Turkey may face entry bans of up to five years, extendable by another ten years in severe cases. Entry bans are not applied if the foreigner has not exceeded the violation period. The entry ban is notified by the competent authority at border gates or governorates.
Appeal Against Restriction Codes
In cases of administrative fines, deportation, and entry bans, it is possible to file a lawsuit to lift the restriction code. In the administrative court, the cancellation of the action based on the restriction code is requested. The lawsuit must be filed within 60 days from the date of notification of the action. A request for a stay of execution can be made along with the lawsuit, and in this case, the person cannot be deported during the court process.
Removal of Restriction Codes and Court Process
Cases for the removal of restriction codes typically last about a year. If a stay of execution is granted, the person can enter Turkey during the court process. Working with expert lawyers during the legal process of restriction code decisions is crucial. The administrative court will review the legality and justification of the action.
Deportation
The deportation decision is made upon the instruction of the Directorate General of Migration Management or by the governorates on their own initiative. Foreigners subject to deportation are specified in Article 54 of the Law. Foreigners given a deportation decision are allowed a certain period to leave Turkey, except for those at risk of absconding.
Administrative Detention Decision
For foreigners under a deportation decision who pose a risk of absconding, violate entry or exit regulations, use fake or invalid documents, overstay the given period without an acceptable excuse, or pose a threat to public order, security, or health, an administrative detention decision is made by the governorate, or alternative obligations are imposed. Foreigners under administrative detention are taken to removal centers by law enforcement within 48 hours. They are held in removal centers, and the decisions on detention extension and monthly reviews are notified to the foreigner or their legal representative or lawyer. Foreigners not represented by a lawyer are informed about the result, appeal procedures, and deadlines.
Appeal Against Administrative Detention - Application to Criminal Judge of Peace
The foreigner under administrative detention or their legal representative or lawyer can apply to the criminal judge of peace against the administrative detention decision. The application does not halt detention. If the petition is submitted to the administration, it is immediately forwarded to the competent criminal judge of peace, who concludes the review within five days. The decision of the criminal judge of peace is final. A new application can be made if the conditions of detention change or cease.
Foreigners who have applied for international protection or have protection status can hire a lawyer at their own expense. Those unable to afford a lawyer can benefit from legal aid, provided under the provisions of the Attorneyship Law No. 1136.
Foreigners Who Cannot Be Deported
No deportation decision can be made for individuals in the following circumstances:
- Those at risk of the death penalty, torture, inhuman or degrading punishment, or treatment in the country to which they will be deported.
- Those for whom travel poses a risk due to serious health conditions, age, or pregnancy.
- Those undergoing treatment for life-threatening illnesses without access to treatment in the deportation country.
- Victims of human trafficking.
- Victims of psychological, physical, or sexual violence, until their treatment is completed.
No one can be sent to a place where they may be subjected to torture, inhuman or degrading punishment or treatment, or where their life or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion. These issues are protected under international humanitarian law agreements, and violations can be appealed to the European Court of Human Rights.
Appeal Against Deportation Decision and Individual Application
The deportation decision is notified to the foreigner, their legal representative, or lawyer, including the reasons and appeal procedures. Foreigners, their legal representative, or lawyer can file a lawsuit against the deportation decision in administrative courts within seven days from the date of notification. The court concludes the case within 15 days, and the decision is final. During the litigation process, deportation is not carried out unless a detention or administrative decision is made for the foreigner.
If the lawsuit against the deportation decision is rejected, an individual application to the Constitutional Court can be made within 30 days from the date of notification of the decision. As a last resort, an individual application can be made to the European Court of Human Rights within six months from the notification of the domestic court decision. However, a domestic court appeal process must have been initiated before applying to the ECHR.
The legal process for restriction codes, deportation decisions, and administrative detention is complex and time-consuming. Professional assistance from expert lawyers ensures the best possible outcome. Understanding the specifics of restriction codes and the legal grounds for appeal can significantly impact the resolution of entry bans and deportation issues.
At CCS Law, we understand that navigating the complexities of entry bans and restriction codes can be challenging. Our team of expert legal professionals is dedicated to providing you with the guidance and support you need to address any issues related to entry restrictions and deportation. If you find yourself facing these challenges, don't hesitate to reach out to us. We are here to assist you with personalized solutions and ensure that your rights are protected. Contact us today for a consultation and let us help you find the best path forward.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.