Return centres are official institutions in Turkey where irregular migrants or foreigners undergoing deportation proceedings are temporarily held. Officially known as Return Centres (GGM), these places are administrative detention areas where foreigners are held until their deportation from the country is completed. 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?
Return centres are places where foreign nationals are temporarily held while deportation proceedings are carried out in Turkey. These centres are managed by the Directorate General of Migration Management and their primary purpose is to ensure that foreigners are kept under control until the deportation process is completed.
Individuals may generally be taken to a return centre in the following circumstances:
- Illegal entry into Turkey
- Expiry of the visa or residence permit
- The occurrence of situations that threaten public order
- Issuance of a deportation order against
- Use of forged documents
However, being taken to a return centre does not necessarily mean that the person will be deported. 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 being taken to a repatriation centre in Turkey is the issuance of an administrative detention order. Administrative detention refers to the holding of a person at a specific centre until the deportation process is completed.
Administrative supervision decision may be applied in the following circumstances:
- If deportation proceedings are necessary
- If there is a possibility that the person may flee
- If you do not have identity or travel documents
- If a risk is perceived in terms of public safety
As this decision is an administrative one, it is subject to legal review and may be appealed. At this point, working with an immigration solicitor is crucial for the proper management of the process.
How to Leave the Return Centre?
There are various legal avenues available for a person to be released from a detention centre. These avenues may vary depending on the individual’s circumstances, the decision made regarding them, and the contents of their case file.
The most common exit methods are as follows:
- Appeal against the administrative supervision decision
- Filing a lawsuit for the annulment of the deportation decision
- Application for international protection
- Judicial supervision or alternative obligation implementation
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.
Appeal Against Administrative Supervision Decision
One of the most important legal rights for persons held in a return centre is the right to appeal against an administrative detention order. This appeal is usually lodged with the Magistrates’ Court.
During the appeal process, the court will consider the following issues:
- Whether the administrative supervision decision is lawful
- Whether or not the person is at risk of absconding
- Special circumstances requiring the person to remain in Turkey
- Humanitarian circumstances such as family reunification or health
The court may decide to lift administrative supervision following an assessment. In this case, the person may be released from the return centre.
Border Outside Decision Against Lawsuit Initiation
A significant proportion of individuals held at the return centre may also have been issued with a deportation order. However, this decision is not final and may be overturned through legal channels.
An action for annulment may be brought before the Administrative Court against the deportation decision. This action must generally be brought within certain time limits following notification of the decision.
In most cases, deportation proceedings can be suspended if legal action is taken, and the individual can await the legal process in Turkey.
At this point, Esra Aslan Law Firm provides legal support to protect the rights of individuals held in deportation centres, drawing on its expertise in immigration law.
Application for International Protection
In certain circumstances, individuals held at a return centre may make an application for international protection. This application is made particularly in situations where the individual’s life or freedom would be at risk if returned to their country.
Situations that may be considered for international protection include the following:
- War or civil strife
- Political pressure or oppression
- Ethnic or religious discrimination
- Risk of human rights violations
When this application is accepted, it may not be possible to deport the person and different legal statuses may be recognised.
Rights of Persons Held in Return Centres
Individuals held at the return centre have certain fundamental rights. Awareness of these rights helps the process to proceed more smoothly.
Some of the fundamental rights are as follows:
- Right to consult a solicitor
- The right to communicate with one’s family
- Healthcare services access right
- Right to request an interpreter
- Right to legal objection and to bring legal proceedings
Legal action may be taken in the event of a breach of these rights.
The Importance of Lawyer Support
The legal process can be quite complex for individuals held at a return centre. If administrative procedures, court proceedings and immigration law rules are not followed correctly, the individual may be held at the centre for an unnecessarily long period or face the risk of deportation.
Therefore, the support of an expert solicitor ensures that the process is managed quickly and correctly. Esra Aslan, who is particularly experienced in the field of immigration law, provides professional support in protecting the legal rights of individuals at the deportation centre and making the necessary applications.
As each case is unique, the legal strategy is also determined on an individual basis. Objections and applications made at the right time can enable many people to leave the deportation centre.
Points to Consider During the Return Process
A person taken to a return centre must pay attention to certain important points in order to manage the process correctly.
- To find out the date of notification of the decisions made
- Not missing legal deadlines
- Obtain legal assistance
- To be aware of one’s rights
- Assessing the possibility of international protection
The correct implementation of these steps can accelerate the process of regaining one’s freedom.
Is it possible to leave the Return Centre?
Many people believe that once they are taken to a deportation centre, they will never be able to leave. However, this is not legally correct. In Turkey, administrative detention decisions and deportation decisions are subject to judicial review.
Therefore, it is possible to leave the return centre once the necessary legal applications have been made. In particular, appeals against administrative detention decisions, lawsuits filed for the annulment of deportation decisions, or applications for international protection may lead to the person’s release.
It is crucial to obtain professional legal support during this process. Esra Aslan Law Firm provides consultancy and legal representation services to protect the rights of foreigners held at the deportation centre and to ensure the legal process is conducted correctly.