WHAT TO DO WHEN YOU ARE OR YOUR RELATIVE IS IN REMOVAL CENTER (GERİ GÖNDERME MERKEZİ) IN TURKEY?

What is a Removal Center?

Removal Center is a government establishment with the aim of accommodation and taking under control of the foreigners who are under administrative supervision.

It may work with other institutions and organisations such as Turkish Red Cresent Foundation and associations working for public interest with expertise in the area of migration.

Who accomodates in a Removal Center?

Foreigners who;

·       are placed under administrative detention

·       have been issued with a removal desicion

·       bear the risk of absconding or disappearing

·       have breached the terms and conditions of legal entry and exit

·       used false documents (attempted to obtain or are determined to have obtained a residence permit with false documents)

·       pose a public order, public security, public health threat

What can you do when you are in a Removal Center?

You can contact an English speaking criminal lawyer for guidance for the actions you need to take. The help you need might be for you, your family member or someone you know.

Foreigners themselves, legal representative or lawyer may appeal against the removal decision to the administrative court. An english speaking criminal lawyer may appeal against it for you or your relative who is held in a Removal Center.

This appeal must be done within fifteen days as of the date of notification.

An english speaking criminal lawyer who has appealed against the decision to the court for you shall also inform the authority that has ordered the removal regarding the appeal. If foreigner or legal represantative appeals against the desicion of the court they also shall inform the authority.

These appeals are decided upon within fifteen days. The decision of the court on the appeal is final.

Without prejudice to the foreigner’s consent, the foreigner can not be removed during the judicial appeal period or until after the finalisation of the appeal proceedings.

What happens when you leave Removal Center?

Foreigners who left the Removal Center might think that the proceedings are finalized and ended. But there are two decisions may be done by Presidency of Migration Management or related establishments. First is administrative detention and the second is removal (deport). This is why it is important to have an English speaking criminal lawyer to help you with the proceedings since it could be very tricky to follow by your own.

Who shall be issued with removal desicion by the court?

Foreigners who;

·       are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal organisation

·       submit untrue information and false documents during the entry, visa and residence permit actions

·       made their living from illegitimate means during their stay in Turkey

·       pose a public order or public security or public health threat

·       has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled

·       residence permits are cancelled

·       overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason

·       are determined to be working without a work permit

·       breach the terms and conditions for legal entry into or exit from Turkey

·       are determined to have entered into Turkey despite an entry ban to Turkey

·       international protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision

·       fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused

·       are deemed to be removed pursuant to Article 59 of the Turkish Penal Code № 5237

ARTICLE 59-(19) After execution of the sentence, the court may adjudicate immediate deportation of a foreigner who is sentenced to imprisonment for a period of two years or more due to committed offense.

What are the services provided in a Removal Center?

·       Urgent and fundamental health care shall be provided free of charge in case the foreigner cannot cover the costs

·        Foreigner shall be allowed to have access to and receive visits from his or her relatives, notary, legal representative and lawyer and to have access to telephone services

·       Foreigners in removal centers shall be allowed to meet with his or her visitors, a consulate official from his or her country of citizenship, a representative of the United Nations High Commissioner’s Office for Refugees

·       The best interest of children shall be respected; families and unaccompanied children shall be given separate accommodation

·       Regarding access of children to education; necessary measures shall be taken by the Ministry of Education.

·       Representatives of relevant non-governmental organizations with expertise in the area of migration shall be able to visit removal centers upon permission of the Directorate General.

Where is the Removal Center in Istanbul?

There are three Removal Centers in Istanbul which are located in Binkılıç, Silivri and Tuzla.

Binkılıç Removal Center:

Fatih Sultan Mehmet Cad. No:5/7 Binkılıç/Çatalca/İstanbul (Binkılıç Geri Gönderme Merkezi İl Göç İdaresi)

Silivri Removal Center:

Selimpaşa Mah., 2124. Sok., No:10, Silivri, İstanbul (Silivri Geri Gönderme Merkezi İl Göç İdaresi)

Tuzla Removal Center:

Akfırat Mah. Süleymaniye Bulvarı 140. Cad. No:65 Tuzla/İstanbul (Tuzla Geri Gönderme Merkezi İl Göç İdaresi)

Also there are removal centers in the provinces of Adana, Antalya, Aydın, Bursa, Çanakkale, Edirne, Erzurum, Gaziantep, İzmir, Kırıkkale, Kırklareli, Tekirdağ and Van.

 

You can contact to our English speaking lawyers in Istanbul for legal advice and further information.