Among the records restricting the entry of foreign nationals to Türkiye, one of those with the gravest consequences is the Ç-141 code. That record is created in respect of persons assessed to be connected with international terrorist activities or sought by Interpol on the same ground, and it makes their admission to the country conditional on prior administrative authorisation.
The consequences of the code are not confined to the prevention of entry. In practice, a deportation decision may also be taken in respect of foreign nationals against whom this record exists, and the person may be placed under administrative detention in a removal centre. There are therefore several administrative measures which are independent of one another yet mutually triggering, and each must be separately challenged within its own time limit.
In this briefing note we examine, from a practical standpoint, the circumstances in which the record is issued, the administrative and judicial remedies available for its removal, its relationship with a deportation decision, and the applicable time limits and costs.
What Does the Ç-141 Restriction Code Mean?
The Ç-141 code is a restriction record issued in respect of foreign nationals who are suspected of having taken part in, of being about to take part in, certain acts falling within the scope of international terrorism, or of being about to provide support to formations of that kind. Persons sought by Interpol on terrorism grounds are assessed within the same scope. The principal consequence of the record is that the person concerned must obtain prior authorisation to enter the country for five years.
That prior authorisation is requested from the Ministry of the Interior. The picture in practice, however, shows that the procedure does not produce a favourable result in most cases and that the foreign nationals concerned are not in fact admitted to the country. There are also instances in which the record has been created indefinitely, without being limited to any period.
The Rationale for Imposing the Record
The thinking underlying this code is that the entry of foreign nationals regarded as likely to pose a risk to the general security of Türkiye should be made subject to administrative control rather than left unrestricted. Rather than prohibiting entry outright, the record affords the administration a margin of discretion by imposing a requirement of prior authorisation.
How Is the Record Removed?
There are two principal avenues for having the Ç-141 code deleted: making an objection to the Presidency of Migration Management or bringing an action for annulment before the administrative court. In addition, a foreign national who obtains an annotated visa may enter the country even though the record has not been removed.
Removal of the Record by Way of an Objection
The objection is addressed to the Presidency of Migration Management within 60 days running from the day following the date on which the record was notified to the person concerned. The application must be made by way of a reasoned petition demonstrating that the code does not rest on concrete facts or on any legal basis.
Where the administration expressly rejects the request, produces no reply at all within 30 days, or gives an uncertain response giving rise to doubt, the application is deemed to have been rejected. Beyond that stage, deletion of the record can be achieved only through the courts.
PLEASE NOTE: Applying to the administration is not a mandatory preliminary stage. The foreign national may bring an action directly before the administrative court without pursuing the objection route at all.
Removal of the Record by an Action for Annulment
An action for annulment may be brought before the administrative court seeking removal of the code and the entry ban attached to it. The action is brought within 60 days from the day following notification of the decision to the person concerned, naming the Presidency of Migration Management as respondent.
Where an application was first made to the administration and rejected, the route to court remains open; in that case, however, the calculation of time changes. The days elapsing between notification of the record and the date of the objection are deducted from the 60-day period for bringing the action.
To put it concretely: if the objection was made on the 26th day following notification, 34 days remain in which to bring the action, running from the day following notification of the decision of rejection.
A stay of execution may also be requested in the action. Where that request is granted, the consequences of the record are suspended until the proceedings are concluded. For the court to make such an order, the implementation of the measure must be liable to cause damage that is difficult or impossible to redress, and the measure must be manifestly unlawful. That both of those conditions are met in the particular case must also be shown in the petition.
All types of restriction code and the court process for removal of a record are addressed separately under the heading of the restriction code for foreign nationals and the action for removal of the code.
Entering the Country with an Annotated Visa
A foreign national faced with an entry ban on account of a Ç-141 record may enter the country by obtaining an annotated visa. That visa is significant in that it affords the possibility of entry even where the record and the ban have not yet been lifted.
The annotated visa is a type of visa issued specially by the administration having regard to particular purposes such as family reunification, employment, study, medical treatment or trade. The details of the matter fall within the scope of a separate study addressing the questions of what an annotated visa is and how it is obtained.
Action for Annulment against the Deportation Decision
As a reflection of the Ç-141 record, a deportation decision may also be taken in respect of the foreign national. In such a case a separate action must be brought before the administrative court seeking annulment of that decision. That action is essential for a foreign national who does not wish to leave the country within the period granted to them and who wishes to remain in Türkiye.
The action for annulment must be brought within seven days of notification of the deportation decision. Deportation is suspended once the action is brought. The petition may seek not only annulment of the deportation decision but also removal of the underlying restriction record; if the court sees fit, the record may be deleted within the scope of that action.
The point to be observed in practice is this: the administration may complete the deportation without waiting for the seven-day period for bringing an action to expire. The action must therefore be brought without delay after notification of the decision. It is important in that respect that the process be conducted from the outset with a lawyer experienced in the field of immigration law.
The court process for setting aside a deportation decision is examined in detail under the heading of how a deportation decision is set aside.
Objection to the Administrative Detention Decision
A foreign national against whom a deportation decision has been taken may be placed under administrative detention in a removal centre. As a rule such decisions are given for a maximum of six months; in certain circumstances an extension of a further six months is possible. In order for the person to be released from the centre, an objection must be made to the criminal judgeship of peace at the place where the governorship that issued the decision is located.
What must not be overlooked here is that an objection against administrative detention does not suspend deportation. A foreign national who wishes to remain in Türkiye must in addition bring the action for annulment of the deportation decision explained above.
The details of an objection against an administrative detention decision are addressed under the heading of objection to an administrative detention decision in a removal centre.
How Long the Process Takes
Applications made to the administrative authorities for removal of the record are generally concluded within one to three months. Actions brought before the administrative court for removal of the code and the entry ban, by contrast, take approximately one year.
Court Fees and Litigation Costs
The costs incurred in an action for removal of a restriction record are, as at 2023, in the region of TRY 4,000. That amount consists of items such as application fees and postal expenses.
Where a separate action is also brought against the deportation decision, the costs required for that file must be paid separately as well. As litigation costs are updated by regulations made each year, the figure above is given on the basis of 2023 data.
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. Where, by contrast, annulment is sought of a deportation decision taken in reliance on the code, the action is heard by the administrative court in the province where the governorship that issued the deportation decision is located.
Conclusion
Deletion of the Ç-141 record, annulment of a deportation decision taken in reliance on that record and an objection against administrative detention are the principal legal means available to foreign nationals. Obtaining a favourable outcome, whether at the administrative application stage or before the courts, depends on clearly demonstrating the absence of concrete facts supporting the ground on which the record was based. It is therefore decisive that the process be conducted with the assistance of a lawyer experienced in the field.
Independent Legal Assessment
The most frequent error in disputes concerning a Ç-141 record is that attention is focused on a single measure. The restriction record, the entry ban, the deportation decision and administrative detention are different measures; each has its own time limit, its own addressee and its own court with jurisdiction. Bringing an action solely for removal of the record does not prevent the person concerned from being deported.
The second critical point is the management of time. The seven-day period for bringing an action is short and, given that the administration is able to take action without waiting for that period to expire, every day that passes after notification carries a real risk. When a road map is drawn up in a particular file, the following heads should be given priority:
- Establishing which measures have been taken and when time began to run for each of them
- Where an objection is to be made to the administration, calculating the number of days to be deducted at the outset
- Where there is a deportation decision, bringing the action without delay and seeking removal of the record in the same petition
- Founding the conditions of damage difficult to redress and manifest unlawfulness on concrete facts in the request for a stay of execution
- Where the person is in a removal centre, pursuing the objection against administrative detention independently of the deportation action
- Considering the option of prior authorisation or an annotated visa as an alternative plan alongside the court process
Independent Legal provides advisory services and conducts litigation in the field of immigration law, from the removal of restriction codes to the legal proceedings to be pursued against deportation and administrative detention decisions.