One of the codes entered on the records of foreign nationals assessed to have entered Türkiye, or left Türkiye, in a manner contrary to the legislation is Ç-113. That record constitutes an administrative measure barring the admission of the person concerned to the country for a defined period.
Two principal avenues are available for having the record deleted and the entry ban lifted: an objection addressed to the administration, and an action for annulment brought before the administrative courts. In this briefing note we examine how those avenues operate, the time limits to which they are subject, how they relate to a deportation decision, and the difficulties encountered in practice.
What Is the Ç-113 Restriction Code?
Ç-113 is a restriction record entered on the file of a foreign national who has entered the country by means contrary to the legislation, who has left the country in the same manner, or who has attempted to do either. The scope of the code covers not only completed acts but also acts that remain at the stage of attempt.
Which authority creates the record depends on where the foreign national is identified. Where the person presents at a border gate in order to leave, the procedure is carried out by border personnel; in all other cases the record is created by the Presidency of Migration Management.
Operation in Respect of Syrian Nationals under Temporary Protection
The procedure followed in respect of Syrian nationals differs from the general practice. Where a foreign national against whom a Ç-113 record has been entered is within the country, the possibility arises of a deportation decision being taken against them. Syrian nationals found to have entered the country irregularly and holding temporary protection status are, by contrast, placed in removal centres.
At those centres the persons concerned are asked to sign a declaration of consent known as a “voluntary return form”, and deportation may be carried out once the signature has been given. In practice, however, there are instances in which that declaration has been obtained without resting on the person’s genuine will. Obtaining legal assistance before signing the document is decisive if a situation that is difficult to reverse afterwards is to be avoided.
The Rationale for Imposing the Code
The purpose of the Ç-113 record is to bar the admission to the country, for a period of two years, of persons found to have made border crossings contrary to the legislation. That bar also applies where the act was not completed and was merely attempted.
The point that must not be overlooked here is the requirement that the findings and suspicions on which the administration relies be supported by concrete evidence. Creating a record without any tangible ground being established, and consequently prohibiting the person from entering the country, amounts to unlawfulness. In such a case the legal remedies must be pursued in order to have the record deleted.
How Is the Ç-113 Restriction Code Removed?
Deletion of the record is achieved either by an objection addressed to the competent administrative authority or by an action for annulment brought before the administrative court. Where a deportation decision has also been taken against the foreign national, a separate action for annulment must be brought against that decision as well. If the deportation action produces an unfavourable outcome, the avenue of individual application to the Constitutional Court remains open.
The action for annulment of the code and the action for annulment of the deportation decision are two independent sets of proceedings. The respondent administrations differ and each is subject to its own procedural time limits. For that reason a foreign national who both has a restriction record and is the subject of a deportation decision must bring both actions separately.
For a person who is not the subject of a deportation decision the picture is simpler: an objection is made to the administration seeking deletion of the record alone, and an action for annulment is then brought before the administrative court. In practice it is also observed that, in some files in which the deportation action has been allowed, the restriction record has been deleted without the need to bring a second action.
Removal of the Record by Administrative Objection
A foreign national against whom a record has been entered may apply to the administration by way of a petition setting out their grounds and request that the record be lifted. The addressee of that application is the Presidency of Migration Management, which created the record. The application must be made within 60 days running from the day following the date on which the record was notified to the person concerned.
Where the administration rejects the request, gives no reply at all for 30 days, or gives a reply that lacks clarity, the possibility of bringing an action for annulment arises. It is also possible to apply directly to the administrative court without approaching the administration at all. Conversely, once an action has been brought, there can be no return to the administrative objection route on the same matter.
Lifting the Entry Ban by an Action for Annulment
The second avenue available for removing the record and the entry ban attached to it is the administrative judiciary. In that action, which is directed against the Presidency of Migration Management, the courts with subject-matter and territorial jurisdiction are the Ankara Administrative Courts.
The time limit for bringing the action is 60 days running from the day following notification of the record. Where an objection was made to the administration before the action, it must not be forgotten that the days elapsing up to that objection are also counted within this period.
To explain by way of a concrete example: suppose that an objection is made to the administration on the tenth day following notification. The administration may take a decision within the 30-day reply period, or may give no reply at all, in which case the request is deemed to have been impliedly rejected. In that situation the foreign national has the remaining 50 days of the 60-day period available and must bring the action for annulment within that time.
If the court dismisses the action, an appeal may be brought against the judgment.
For all types of restriction code and the details of the action for annulment of a code, our study entitled “restriction codes for foreign nationals and the action for removal of a code” may be consulted.
Entering the Country with an Annotated Visa
Another means by which persons with a record against them, whose entry is prohibited, may come to Türkiye is the annotated visa. That visa does not have the effect of deleting the record; it merely permits entry to the country notwithstanding the ban in force. Applications are made through the Turkish diplomatic missions in the country where the foreign national is present.
The circumstances in which an annotated visa may be granted, and how the application is conducted, are addressed in detail in the article entitled “what an annotated visa is and how it is obtained”.
Action for Annulment against the Deportation Decision
Foreign nationals against whom a deportation decision has been taken on the ground of a Ç-113 record can have that decision set aside only by an action for annulment. The time limit for bringing the action is seven days from notification of the decision to the person concerned. No appeal or appeal on points of law may be brought against the judgment given; at that stage the only remaining avenue is an individual application to the Constitutional Court.
It is possible in practice for deportation to be completed and the foreign national removed from the country within the seven-day period. A person who wishes to remain in Türkiye must therefore bring the action without delay immediately after notification. Since the bringing of the action of itself suspends deportation, there is no need to make a separate request for a stay of execution.
By contrast, the bringing of the action does not have the effect of releasing a person held in administrative detention. As the proceedings take between four and six months, foreign nationals who do not wish to remain in a removal centre for that period must pursue a separate objection against the administrative detention decision.
In actions for annulment of a deportation decision brought within time, the court may also be asked to lift the restriction record and the entry ban that form the basis of the decision. Where the action is allowed, deletion of the record may also follow without a second action being brought. The details of the matter are explained in the article entitled “how a deportation decision is set aside”.
Objection to the Administrative Detention Decision
A foreign national who is placed under administrative detention in a removal centre with a view to deportation may object to that decision. The objection is addressed to the criminal judgeship of peace at the place where the governorship that issued the deportation and administrative detention decisions is located.
The making of an objection does not suspend deportation. Accordingly, a person who wishes to remain in the country must, in addition to objecting to the detention decision, bring an action for annulment against the deportation decision. The procedure for that application is examined separately in the study entitled “objection to an administrative detention decision in a removal centre”.
How Long the Process Takes
Objections addressed to the administration take on average one to three months to be concluded. Actions for annulment seeking removal of the record and the entry ban generally take around one year.
Although the legislation provides that actions brought against a deportation decision are to be concluded within 15 days, the period actually taken in practice is in the range of four to six months.
Court Fees and Litigation Costs
In an action brought for the removal of the record, the fees and costs are approximately TRY 4,000 on the basis of the 2023 tariff. Where a separate action is also to be brought against the deportation decision, those items must be paid for the second file as well. The amount payable in order to make an individual application to the Constitutional Court with a request for an interim measure is TRY 2,220.60.
Courts with Subject-Matter and Territorial Jurisdiction
In actions seeking removal of a restriction record, subject-matter and territorial jurisdiction lie with the Ankara administrative courts. In actions seeking annulment of a deportation decision, the file is heard by the administrative court of the place where the governorship that issued the deportation decision is located.
Conclusion
Deletion of a Ç-113 record can be achieved only by pursuing the legal remedies in accordance with the proper procedure. Whichever avenue is taken, the request must be supported by concrete and convincing grounds. Otherwise the outcome will be that records created by the administration in reliance on its wide discretionary power remain in place. It is therefore important that the process be conducted from the very outset under the guidance of a lawyer experienced in the field.
Independent Legal Assessment
The most frequent error in Ç-113 files is that the restriction record is neglected while attention is focused on the deportation decision or, conversely, that only the record is objected to and the seven-day deportation time limit is missed. Since the two measures rest on different legal bases and different time limits, it is necessary to establish at the very outset of the file which measures have been notified, together with their dates.
For persons within the scope of temporary protection, the genuinely critical threshold is the declaration of consent signed at the removal centre. A signature that does not rest on the person’s will makes the whole of the subsequent process more difficult. In a concrete file the following heads should be addressed as a priority:
- Documenting the notification dates and calculating the 60-day period so as to include the days spent on the administrative objection
- Where there is a deportation decision, using the seven-day period without delay
- Opening a separate objection file before the criminal judgeship of peace for persons in administrative detention
- Examining whether the finding on which the administration relies is supported by concrete evidence
- Expressly requesting, in the deportation action, that the record forming the ground of the decision also be removed
Independent Legal provides advisory services and conducts litigation across the whole of this process in the field of immigration law, from removal of a restriction record to applications brought against deportation and administrative detention decisions.