Alternatives to The Administrative Detention

Reasons for Alternatives to Administrative Detention

For foreign nationals who are subject to deportation orders, the governorate may issue an administrative detention decision if the individual:

• Is at risk of fleeing or going missing?

• Has violated entry or exit regulations in Turkey,

• Has used fraudulent or falsified documents,

• Has failed to leave Turkey within the allowed time without an acceptable excuse,

• Possess a threat to public order, public security, or public health.

If an administrative detention decision is not issued, alternative measures must be considered.

Alternative Measures to Administrative Detention

Alternative measures that may be imposed include:

• Residing at a specific address,

• Reporting obligations,

• Family-based return,

• Return counseling,

• Voluntary service in public interest activities,

• Providing a guarantee,

• Electronic monitoring. These alternative measures can be imposed on foreign nationals for the reasons mentioned above. In any case, the duration of the measures cannot exceed twenty-four months. If an administrative detention decision is not made despite the existence of grounds for detention, it is necessary to impose alternative measures.

• If the foreign national fails to leave Turkey within the guarantee period in exchange for collateral, barring force majeure and the continuation of the court process, the collateral will be forfeited to the Treasury.

Notification of Alternative Measures to Administrative Detention

The foreign national or their legal representative or attorney will be notified of the alternative obligations to administrative detention, along with the reasons. If the foreign national is not represented by an attorney, they or their legal representative will be informed about the consequences of the decision, as well as the procedures and time limits for appeal.

A foreign national subjected to electronic monitoring or their legal representative or attorney may appeal the decision to the magistrate judge within seven days. However, the application does not suspend the administrative obligation imposed. The magistrate judge will conclude the review within five days. The decision of the magistrate judge is final.

Foreign nationals who fail to comply with the alternative obligations to administrative detention may be placed under administrative detention.