Foreigners Prohibited from Entry to Turkey

In addition, entry ban implemented on the foreigners who are already deported can be given by governorship of the cities. Duration of the entry ban cannot be longer than 5 years. However, in case there is a severe risk for public order and security, entry ban can be extended 10 years more.  In other words, the duration regarding entry ban can be 15 years. The entry ban to Turkey for foreigners whose visa or residence permit has expired and who has applied to the governorates to exit from Turkey before their situation is established by the competent authorities upon which a removal decision has been taken, shall not exceed one year. Among those who have been invited to leave Turkey pursuant to Article 56, an entry ban might not be imposed for those who leave the country within the specified period of time. The Directorate General may revoke an entry ban or, allow the foreigner to enter into Turkey for a given period of time, without prejudice to the entry ban. For reasons of public order or public security, the Directorate General may introduce advance clearance conditions for the admission of certain foreigners’ to Turkey.

Administrative decisions as well as entry bans can be challenged under administrative courts. Decisions which don’t match the facts of a foreigners can be annuled by the administrative courts which are obliged to supervise the decisions regaring conveniency of the law. Wrong intellegence reports, error in the name of the foreigner, confusion in the person are often confronted situations in the practice. Entry bans contradicting the factual findings can be canceled by the courts. In addition, entry bans which constitutes violation of human rights can also challenged. Entry bans may also violate the rights stemming from European Convention on Human Rights. The entry bans violating the human rights such as family union, right for education, prevention on discrimination can be always canceled. In case Turkish Courts will resist on the issue, the cases can be brought to ECHR (European Court of Human Rights). There are similar cases given in favor of applicants.

Entry ban to Turkey
ARTICLE 9 –
(1) The Directorate General, when necessary and upon consultation with the relevant government departments and institutions, may impose an entry ban against foreigners whose entry into Turkey is objectionable for public order, public security or public health reasons.
(2) The Directorate General or governorates shall impose an entry ban for foreigners who are deported from Turkey.
(3) The entry ban to Turkey shall not exceed five years. However, in cases where there is a serious public order or public security threat, this period may be extended for a maximum of an additional ten years by the Directorate General.
(4) The entry ban to Turkey for foreigners whose visa or residence permit has expired and who has applied to the governorates to exit from Turkey before their situation is established by the competent authorities upon which a removal decision has been taken, shall not exceed one year.
(5) Among those who have been invited to leave Turkey pursuant to Article 56, an entry ban might not be imposed for those who leave the country within the specified period of time.
(6) The Directorate General may revoke an entry ban or, allow the foreigner to enter into Turkey for a given period of time, without prejudice to the entry ban.
(7) For reasons of public order or public security, the Directorate General may introduce advance clearance conditions for the admission of certain foreigners’ to Turkey

Notification of the entry ban to Turkey
ARTICLE 10 –
(1) The entry ban shall be notified to foreigners who are within the scope of paragraph one of Article 9 by the competent authority at the border gate when they arrive to enter into Turkey, whereas, foreigners who are within the scope of paragraph two of Article 9 shall be notified by the governorates. The notification shall also include information on how foreigners would effectively exercise their right of appeal against the decision as well as other legal rights and obligations applicable in the
process.