Administrative Detention Decision and How to Appeal It

Administrative detention is a separate measure concerning where a person is held while a deportation process is under way; it is not the deportation decision itself. It is governed by Articles 57 and 57/A of Law No. 6458, and applies in specific circumstances when alternative obligations are not considered sufficient. This page explains when a detention decision is issued, how to appeal it, and practical information for family members.

Deciding Authority: Provincial Governorate (enforced by law enforcement within 48 hours)
Appeal Route: Magistrate Criminal Judgeship
Time Limit Status: The judge concludes the review within five days at most; the judge’s decision is final.

Initial Assessment

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Who It’s For

Someone an administrative detention decision has been or may be issued against

Here you can find out what the decision means and what can be done about it.

A family member of someone in detention

If a relative of yours is being held at a removal center, here you can find out how to reach them and how a lawyer can arrange to meet them.

An employer whose employee is in detention

If a detention decision has been issued concerning your employee, this page explains what the process means.

Process Steps

01

Apprehension and the detention decision

After apprehending the person, law enforcement reports the situation to the governorate, which may issue an administrative detention decision.
02

Transfer to a removal center

A person subject to a detention decision is transferred to a removal center by the apprehending law enforcement unit within 48 hours at most.
03

Assessment of alternative obligations

In certain circumstances, alternative measures such as address reporting or a signing obligation may be applied instead of transfer to a center.
04

Application to the magistrate criminal judgeship

The person, their legal representative, or their lawyer may apply to the magistrate criminal judgeship against the detention decision; this application does not stop the detention on its own.
05

Judicial review and decision

The judge concludes the review within five days at most; the decision is final. A new application can be filed during the process if circumstances are claimed to have changed.

Not sure whether your situation fits this process?

Initial Assessment

Legal Basis

Law No. 6458 on Foreigners and International Protection Art. 57

Sets out when an administrative detention decision may be issued and its duration.

Law No. 6458 on Foreigners and International Protection Art. 57/A

Governs obligations that serve as alternatives to detention.

Common Mistakes

Confusing detention with the deportation decision

The two are separate measures; appealing the detention does not affect the deportation decision, and appealing the deportation decision does not automatically affect the detention.

Not using the right to apply to the magistrate criminal judgeship

This route stays open against a detention decision and can be used again if circumstances change; people who do not know about it can spend the whole process simply waiting.

Neglecting contact with the person in the center

Family members can go a long time without information because they never look into how to contact the center.

Not passing on a request to meet with a lawyer

A person in detention has the right to meet with their lawyer; this request needs to be communicated to the center’s administration.

Frequently Asked Questions

No. A deportation decision is the main order directing a person to leave the country; administrative detention is a separate measure about where the person is held while that process is under way. Appealing the detention does not remove the deportation decision itself.

The person, their legal representative, or their lawyer can apply to the magistrate criminal judgeship in the relevant location; no specific petition format is required.

No, the application alone does not stop the detention; a decision follows the judge’s review.

The law requires the review to be concluded within five days at most; the judge’s decision is final.

You can obtain the center’s contact details through the Presidency of Migration Management, and arrange to meet your relative and get information about the process through a lawyer.

No, its continuation requires that the underlying grounds still exist; if those grounds no longer apply, ending the detention can be requested, also through the magistrate criminal judgeship.

No, it applies in the circumstances set out in law, when alternative obligations are not considered sufficient; not every deportation process results in detention.

Related Services

Deportation Decision and the Appeal Process A deportation decision is an administrative order issued by a provincial governorate directing a foreign national to leave Turkey; it is commonly known as a "deport order." It can only be issued in specific circumstances set out in Articles 52 to 60 of Law No. Removal Centers: Process and Rights Removal centers are official facilities run by the Presidency of Migration Management where foreign nationals subject to an administrative detention decision are housed until the deportation process is complete; they are also commonly referred to as "camps." A person held at a center has rights that include meeting with a lawyer, staying in contact with family, access to an interpreter, health care, and contact with their consulate. Entry Ban to Turkey and Restriction Records An entry ban is a decision by the authorities preventing a foreign national from entering Turkey for a set period; it appears in the system as a "restriction record." Under Article 9 of Law No. Invitation to Leave Turkey and Voluntary Return An invitation to leave is an option that can be applied instead of a deportation decision in certain cases, giving a person a set period to leave Turkey on their own.

Last updated: 15.08.2026

This content is for informational purposes only and does not constitute legal advice.