Some of the records restricting the entry of foreign nationals into Türkiye rest on a concrete, attributable fact, while others are precautionary in nature. The Ç-152 code belongs to the second group: the person is prevented from entering the country for a fixed period as a safeguard against possible risks that may arise.
The practical effect of the record is unambiguous. A foreign national against whom this code has been entered cannot enter the country for as long as the record remains in place. The person usually learns of the situation either through a notification given at the border gate or through service effected on them within the country.
In this briefing note we examine the duration and the grounds of the record, the administrative and judicial avenues available for having it removed, its relationship with deportation and administrative detention decisions, and the duration and costs of the proceedings.
What the Ç-152 Restriction Code Means
The Ç-152 code is a restriction record that bars a foreign national from entering Türkiye for a fixed period, imposed in view of every eventuality that may arise. That period is set at one year by the competent administrative authorities.
The existence of the record is communicated to the person concerned either through a notification at the border gate or through service effected within the country. The moment the person learns of the code is therefore, in most cases, also the moment at which the time limits for bringing an action begin to run.
Grounds for Entering the Record
The code is imposed for the purpose of preventing the foreign national from entering the country. Persons against whom this record is entered cannot enter Türkiye throughout its period of validity unless they pursue the legal remedies available for having it removed.
How the Record Is Removed
The Ç-152 record and the entry ban attached to it are lifted either through an objection addressed to the competent authority or through an action for annulment brought before the administrative court. Where the foreign national has been deported on the basis of this code, a separate action must also be brought against the deportation decision.
In applications seeking removal of the record, framing the legal grounds correctly is decisive. The process also involves numerous procedural steps, so it is advisable to conduct it under the guidance of a lawyer experienced in the field.
Removal of the Record by Way of Objection
The first of the avenues available for lifting the record and the entry ban attached to it is to lodge an objection with the competent authority. The objection is addressed, by way of a reasoned petition, to the Presidency of Migration Management. The time limit for the application is 60 days, running from the day following service of the record on the person concerned.
Where the competent authority rejects the request, fails to respond to the application within 30 days, or produces an inconclusive reply, an action for annulment may be brought before the administrative court. It is also open to the foreign national to go directly to court without applying to the administration at all. Conversely, once an action for annulment has been brought, it is no longer possible to lodge an objection with the competent authority.
Action for Annulment to Have the Record Lifted
The other avenue open to a foreign national against whom a Ç-152 code has been entered and who is barred from entering the country is to bring an action for annulment before the administrative court. The action is brought against the Presidency of Migration Management as respondent. It must be brought within 60 days running from the day following service of the record; if that period is missed, the action is dismissed without an examination of the merits.
Care must be taken in calculating the period. Where an objection has been lodged with the competent authority before the action is brought, the time elapsed up to that application counts towards the 60-day period for bringing administrative proceedings. For example, if the objection was lodged on the 10th day of the 60-day period and the administration replied at any point within the 30 days allowed to it, the remaining period for bringing the action is 50 days.
Where the action seeking annulment of the record and the entry ban is dismissed, the foreign national may lodge an appeal.
The full range of restriction code types and the proceedings for having a record lifted are dealt with separately under the heading on restriction codes for foreign nationals and actions for their removal.
Entry into the Country with an Annotated Visa
A foreign national against whom a Ç-152 code has been entered and whose entry is barred for one year may, if they hold an annotated visa, enter Türkiye for as long as the visa remains valid. This is a special category of visa granted following an assessment by the administrative authorities where particular circumstances such as family reunification, education or health are present. Applications are made to the Turkish diplomatic missions in the country where the foreign national is located.
The circumstances in which an annotated visa may be obtained, the application requirements and the procedure to be followed are explained in detail under the heading on what an annotated visa is and how it is obtained.
Action for Annulment against a Deportation Decision
Where a deportation decision has also been issued against the foreign national on the basis of the Ç-152 record, a separate action for annulment must be brought against that decision. Otherwise, the foreign national is expected to leave the country within the period allowed by the administration. A person who does not leave within the period granted is liable to be apprehended and placed under administrative detention in a removal centre.
The action must be brought within seven days of service of the decision. The administration does not, however, wait for that period to expire before carrying out deportation procedures; the foreign national may be removed from the country even within that period. Those wishing to remain in Türkiye must therefore bring their action without delay.
The decision given by the court in an action against a deportation decision is final. In other words, no appeal or appeal on points of law lies against it. That said, where the court dismisses the action, the foreign national against whom the Ç-152 code has been entered may lodge an individual application to the Constitutional Court with a request for interim measures.
Where the foreign national is being held under administrative detention in a removal centre pending deportation, the detention decision must also be challenged separately. The fact that an action has been brought against the deportation decision does not prevent the person from remaining in detention.
A distinction must be observed here: an action seeking removal of the restriction record does not of itself suspend the execution of the measure. Procedures relating to the record continue even after the action has been brought. A stay of execution must be requested separately by way of a petition submitted to the court; if the court so decides following its examination, the administrative procedures are suspended until the proceedings are concluded.
In an action for annulment of a deportation decision brought within the time limit, removal of the restriction record and the entry ban underlying that decision may also be sought. If the seven-day period has been missed, a separate action for annulment must be brought to have the record and the ban lifted. Further details on the subject appear under the heading on how a deportation decision is lifted.
Objection to an Administrative Detention Decision
An objection to an administrative detention decision is lodged with the Criminal Judgeship of Peace at the seat of the governorship that issued the deportation decision. If this remedy is not pursued, the foreign national continues to be held in a removal centre throughout the proceedings for annulment of the deportation decision.
As a rule, the period of detention is a maximum of six months; in certain circumstances it may be extended by a further six months. Foreign nationals who continue to be held in the centres although these periods have expired must lodge an objection to the detention decision. Detailed explanations on the subject appear under the heading on objecting to an administrative detention decision in a removal centre.
In an action for annulment of a deportation decision, execution is suspended automatically. That is, deportation procedures against the foreign national are stayed once the action is brought; there is no need to make a separate request for a stay of execution in that file.
What must not be overlooked is that an objection to an administrative detention decision does not suspend deportation procedures. Foreign nationals wishing to remain in Türkiye during that period must also bring a separate action for annulment of the deportation decision.
How Long the Process Takes
An objection lodged with the competent authority seeking removal of a Ç-152 record takes one to three months. An action brought before the administrative court seeking annulment of the record and of the entry ban decision takes approximately one year. Although the relevant statute provides that actions for annulment brought where a deportation decision has been issued are to be determined within 15 days, in practice such files are observed to take four to six months.
Factors that prolong the process include a failure to set out the grounds of the objection clearly, deficiencies in the documents submitted, and the workload of the authority applied to. Recourse to appeal and to appeal on points of law following dismissal of the action for annulment of the record is a further element that extends the timeline.
Court Fees and Costs
The costs of having a Ç-152 record removed comprise items such as the court application fee and postal expenses. According to 2023 figures this amounts to approximately TRY 4,000 and is updated by the adjustments made each year. Where a separate action is also brought against the deportation decision, the costs required for that file must likewise be paid separately. The amount set for an individual application to the Constitutional Court 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. Where annulment of a deportation decision issued on the basis of the code is at issue, the action is heard by the administrative court in the province where the governorship that issued the deportation decision is situated.
Conclusion
Foreign nationals faced with a Ç-152 record must pursue the available legal remedies in order to have the restriction entered against them lifted and to be able to re-enter the country. Because the administration enjoys a wide margin of discretion in this area, a favourable outcome depends on the soundness of the legal reasoning put forward in the application. It is therefore advisable to obtain assistance from a lawyer experienced in the field.
Independent Legal Assessment
The precautionary character of the Ç-152 record makes the defence both easier and harder. Because the record does not rest on a concrete allegation, documents showing that the person’s entry into the country poses no risk to public order are frequently decisive. Conversely, the abstract nature of the grounds carries the risk that the petition too will be drafted in general terms, which makes it harder to obtain a result before the administrative courts.
The most common loss in practice, however, stems from procedure. The fact that an action concerning the restriction record does not of itself suspend execution, whereas that consequence arises automatically in a deportation action, means that the two files must be constructed differently. In a concrete dispute the following points come to the fore:
- Documenting the moment the record was learned of, through the border gate notification or through service
- Calculating at the outset the effect on the period for bringing an action if an administrative objection is preferred
- Bearing in mind that the avenue of objection to the administration closes once an action for annulment has been brought
- Making a separate and reasoned request for a stay of execution in the restriction record file
- Where a deportation decision exists, tracking the seven-day period as a priority and seeking removal of the record in the same petition
- Assessing in good time, following a dismissal, the option of an individual application to the Constitutional Court with a request for interim measures
Independent Legal provides advisory and litigation services in the field of the law on foreign nationals, including the annulment of restriction records, actions to be brought against deportation decisions and administrative detention proceedings.