Appeal Against Administrative Detention Decision
Administrative Detention Order
Those who use forged or false documents, Those who do not leave Turkey within the allotted time period without an acceptable excuse, Those who pose a threat to public order, public security or public health. Those subject to administrative detention are held in Removal Centers (RDCs).
Appeal against Administrative Detention Decision
… CRIMINAL COURT OF PEACE
OBJECTOR :
VEKILI :
SUBJECT : These are our objections against the administrative detention decision.
EXPLANATIONS
1-) Our client ….. …….. is a citizen of the country ….. and came to the ….. Customs Gate to enter Turkey on …/…/… He arrived at the Customs Gate, and during the searches conducted there, he was evaluated in the category of “those who were found to have come to Turkey despite being banned from entering Turkey” and a deportation order was issued against him.
2-) In the subsequent investigation, according to Article 54, Paragraph 2 of the Law on Foreigners and International Protection No. 6458, “Of those for whom a deportation decision has been taken; administrative detention decision is taken by the governorate for those who are at risk of escape or disappearance, who violate the rules of entry or exit to or from Turkey, who use fake or false documents, who do not leave Turkey within the time allowed for them to leave Turkey without an acceptable excuse, who pose a threat to public order, public security or public health.” On the legal basis of the provision, an administrative detention decision was issued against our client and he was sent to the removal center on …/…/…/…date.
3-) Our client was kept in the removal center from …/…/…/… to …/…/…/… and upon the expiration of 6 months, as per Article 54, Paragraph 3 of the Law No. 6458 on Foreigners and International Protection, “The period of administrative detention in removal centers cannot exceed six months. However, this period may be extended for a maximum of six more months if the deportation procedures cannot be completed due to the foreigner’s non-cooperation or failure to provide correct information or documents about his/her country.” An extension decision was made for another 6 months on the grounds of the regulation.
4-) There are no conditions in terms of granting an extension decision, and all conditions for the repatriation of our client are present, therefore, it is necessary to apply to your court to object to this decision and to ensure that our client is repatriated.
CONCLUSION AND REQUEST
For the reasons explained above, we request and demand on behalf of our client that our client be repatriated. …/…/…
Appellant’s Attorney
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