A return centre is an official institution in Türkiye where irregular migrants or foreigners whose deportation process is ongoing are temporarily held. Officially known as a Return Centre (GGM), these places are administrative detention areas where foreigners are accommodated until the procedures for their deportation from the country are completed [1]. However, for many people, this process can be quite complex and legally uncertain. Therefore, it is extremely important for a person taken to a return centre to know their rights and take the correct legal steps.
What is a Return Centre?
A return centre is a place where foreign nationals in Türkiye are temporarily held while deportation procedures are being carried out. These centres are managed by the Presidency of Migration Management, and their main purpose is to keep foreigners under control until the deportation process is completed [2].
Under Article 57 of the Law No. 6458 on Foreigners and International Protection (YUKK), an administrative detention decision may be issued, and individuals may be placed in return centres [3].
Individuals may generally be taken to a return centre in the following circumstances:
| Reason | Explanation | Relevant Legal Basis |
|---|---|---|
| Illegal entry | Entering Türkiye through unauthorised means | YUKK Article 54/1-a |
| Visa / residence permit violation | Remaining in the country despite the expiry of the permitted period | YUKK Article 54/1-b |
| Threat to public order | Creating a security-related risk | YUKK Article 54/1-d |
| Deportation decision | A deportation decision issued by the competent authority | YUKK Article 52 |
| False document | Using a misleading or forged identity/travel document | YUKK Article 54/1-e |
However, being taken to a return centre does not always mean deportation from the country. In many cases, it is possible for the person to be released by initiating legal proceedings.
Why Would You Be Taken to a Return Centre?
The most common reason for foreigners to be taken to a return centre in Türkiye is the issuance of an administrative detention decision. Administrative detention means that the person is held in a specific centre until deportation procedures are completed.
Under Article 57/2 of YUKK, the period of administrative detention is initially set at a maximum of thirty days; however, in compulsory cases, this period may be extended, provided that the total period does not exceed six months [3]. The case-law of the European Court of Human Rights also emphasises that the detention period must comply with the principle of proportionality [4].
“Deprivation of liberty of a person is only possible in accordance with a procedure prescribed by law and in the following cases: … the lawful arrest or detention of a person to prevent his unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.”
— European Convention on Human Rights, Article 5/1-f [4]
An administrative detention decision may be applied in the following cases:
- If deportation procedures need to be carried out
- If there is a risk that the person may abscond
- If the person does not have identity or travel documents
- If there is a threat to public security
Since this decision is administrative in nature, it must be legally reviewed and may be appealed. At this stage, working with a lawyer specialising in foreigners law is very important for the proper management of the process.
How Can You Leave a Return Centre?
There are various legal avenues that may allow a person to leave a return centre. These avenues may vary depending on the person’s situation, the decision issued against them, and the content of their file.
| Legal Remedy | Authority to Apply To | Time Limit | Possible Result |
|---|---|---|---|
| Appeal against the administrative detention decision | Criminal Judgeship of Peace | Can be applied for at any time | Release |
| Annulment of the deportation decision | Administrative Court | 15 days from notification | Suspension of the deportation process |
| Application for international protection | Directorate of Migration Management | As soon as possible | Recognition of protection status |
| Alternative obligation | Migration Management / Court | During the detention period | Supervised release |
When these processes are carried out correctly, many people are able to leave the return centre within a short period of time. The swift initiation of the legal process is particularly critical at this point.
1- Appeal Against the Administrative Detention Decision
One of the most important legal rights for people held in a return centre is the right to appeal against the administrative detention decision. This appeal is made to the Criminal Judgeship of Peace under Article 57/6 of YUKK [3].
“The person placed under administrative detention, their legal representative or their lawyer may apply to the criminal judgeship of peace against the administrative detention decision. The application does not suspend administrative detention. If the petition is submitted to the administration, the petition is immediately forwarded to the competent criminal judgeship of peace.”
— Law No. 6458 YUKK, Article 57/6 [3]
During the appeal process, the court evaluates the following matters:
- Whether the administrative detention decision is lawful
- Whether there is a risk of the person absconding
- Special circumstances requiring the person to remain in Türkiye
- Family circumstances or health condition
The court may decide to lift administrative detention following its assessment. In this case, the person may be released from the return centre.
2- Filing a Lawsuit Against the Deportation Decision
A significant number of people held in a return centre may also be subject to a deportation decision. However, this decision is not final and may be annulled through judicial proceedings.
An annulment lawsuit may be filed before the Administrative Court against a deportation decision. Under Article 53 of YUKK, an application may be made to the administrative court against a deportation decision within fifteen days from the date of notification [3]. According to the same article, once an application is made to the court, the person, as a rule, cannot be deported until the judicial proceedings are concluded [3].
“An application may be made to the administrative court against the deportation decision within fifteen days from the date of notification of the decision. If an application is made to the court, the person cannot be deported.”
— Law No. 6458 YUKK, Article 53/3 [3]
When a lawsuit is filed, deportation procedures can be suspended in most cases, and the person may wait for the legal process in Türkiye.
At this stage, Esra Aslan Law Firm, with its experience in the field of foreigners law, provides legal support to protect the rights of people held in return centres.
3- Application for International Protection
Türkiye is a party to the 1951 Geneva Convention with a geographical limitation and recognises the statuses of “refugee”, “conditional refugee” and “subsidiary protection” under YUKK [6]. According to UNHCR data, forced displacement remains a significant human rights and protection issue at the global level [7].
| Protection Status | Who Can Apply? | Rights Provided |
|---|---|---|
| Refugee | Those who have left their country due to events in Europe | Residence permit, right to work, social rights |
| Conditional refugee | Those coming from countries outside Europe | Temporary residence permit, referral to a third country |
| Subsidiary protection | Those facing the risk of the death penalty, torture or armed conflict | Temporary residence permit, access to basic services |
If this application is accepted, deportation of the person may become impossible, and different legal statuses may be recognised.
4- Rights of Persons Held in a Return Centre
People held in a return centre have certain fundamental rights. Knowing these rights helps the process proceed more properly.
Article 5 of the European Convention on Human Rights, concerning the right to liberty and security, and Article 68 of YUKK guarantee the fundamental rights of persons held in return centres [4][3]. In addition, the Presidency of Migration Management states that, within the scope of services provided in return centres, meetings with lawyers, notaries, relatives and consulates are allowed [5].
“In return centres, foreigners under detention are allowed to meet with their lawyers, notaries, relatives and consulates.”
— Law No. 6458 YUKK, Article 68 [3]
| Right | Legal Basis | Practical Application |
|---|---|---|
| Meeting with a lawyer | YUKK Article 68 / ECHR Article 6 | Can be requested at any time; paid or within the scope of legal aid |
| Communication with family | YUKK Article 68 | There is a right to phone calls and visits |
| Healthcare services | YUKK Article 68 / Constitution Article 17 | Emergency and basic healthcare services are provided free of charge |
| Right to an interpreter | YUKK Article 68 / ECHR Article 5/2 | Can be requested in administrative and legal processes |
| Right to legal appeal | YUKK Article 57/6 | Right to apply to the Criminal Judgeship of Peace |
If these rights are violated, legal action may be taken.
The Importance of Lawyer Support
The legal process can be quite complex for people held in a return centre. If administrative procedures, court proceedings and immigration law rules are not followed correctly, the person may remain in the centre for an unnecessarily long period or face the risk of deportation from the country.
Therefore, the support of an experienced lawyer ensures that the process is managed quickly and correctly. Esra Aslan, who has particular experience in the field of foreigners law, provides professional support for protecting the legal rights of people held in return centres and submitting the necessary applications.
Since each case is different, the legal strategy is also determined individually for each person. Objections and applications submitted at the right time can help many people leave the return centre.
Points to Consider During the Return Process
In order to manage the process in the return centre correctly, attention should be paid to certain important points.
- Find out the notification date of the decisions issued
- Do not miss legal deadlines; the time limit for appealing a deportation decision is 15 days [3]
- Obtain assistance from a lawyer
- Know your personal rights
- Assess the rights and obligations within the scope of international protection
Correctly carrying out these steps may accelerate the process of regaining freedom.
Is It Possible to Leave a Return Centre?
Many people think that once they are taken to a return centre, they will no longer be able to leave. However, this is not legally correct. In Türkiye, administrative detention decisions and deportation decisions are subject to judicial review.
Therefore, it is possible to leave the return centre after submitting the necessary legal applications. In particular, appeals against administrative detention decisions, lawsuits for the annulment of deportation decisions or applications for international protection may lead to the person’s release.
Obtaining professional legal support during this process is very important. Esra Aslan Law Firm provides consultancy and legal representation services to protect the rights of foreigners held in return centres and to ensure that the judicial process is managed correctly.
Frequently Asked Questions
I have been taken to a return centre. How long can I be held?
The administrative detention period is initially a maximum of 30 days. In compulsory cases, this period may be extended; however, the total period cannot exceed 6 months. In decisions issued on grounds of terrorism or public order, this period may be extended up to 12 months [3].
Can I appeal against the administrative detention decision?
Yes. You, your legal representative or your lawyer may apply to the Criminal Judgeship of Peace at any time. The application does not automatically suspend administrative detention; however, the court decision is usually issued within a short time. Appeals submitted through a lawyer produce faster results [3].
How much time do I have to appeal a deportation decision?
You must apply to the Administrative Court within 15 days from the notification of the deportation decision. If an application is made to the court, the deportation process is suspended. You must definitely find out the notification date; this deadline must not be missed [3].
Will I be deported if I apply for international protection?
While an international protection application is under assessment, the deportation process is usually suspended. People who document risks such as war, political pressure, ethnic or religious persecution may obtain refugee, conditional refugee or subsidiary protection status. Submitting the application as soon as possible is critically important [6].
Do I have the right to meet with a lawyer in a return centre?
Yes, meeting with a lawyer is a fundamental right and cannot be restricted. Your rights to request an interpreter, communicate with family and benefit from healthcare services are also guaranteed. If any of these rights are prevented, legal remedies may be pursued [3][4][5].
What happens if I do not have a passport or identity card?
The absence of an identity document alone may constitute grounds for an administrative detention decision. However, this does not prevent the legal process from being initiated. Your lawyer can follow the identity verification process and assist in submitting alternative documents [3].
Is it really possible to leave a return centre?
Yes. In Türkiye, administrative detention and deportation decisions are subject to judicial review. An appeal, annulment lawsuit or international protection application made at the right time may be effective in securing the person’s release. The rapid initiation of the legal process is decisive at this point [3].
References
- Presidency of Migration Management. Return Centre Contact Information. https://www.goc.gov.tr/geri-gonderme-merkezleri-iletisim
- Presidency of Migration Management. Deportation. https://www.goc.gov.tr/sinir-disi-etme
- Law No. 6458 on Foreigners and International Protection. Legislation Information System. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6458.pdf
- European Court of Human Rights. European Convention on Human Rights. https://www.echr.coe.int/documents/d/echr/convention_tur
- Presidency of Migration Management. Services Provided in Return Centres. https://www.goc.gov.tr/geri-gonderme-merkezlerinde-saglanan-hizmetler
- Presidency of Migration Management. Types of International Protection. https://www.goc.gov.tr/uluslararasi-koruma-cesitleri
- UNHCR. Global Trends Report 2024. https://www.unhcr.org/global-trends-report-2024