The type of restriction imposed on foreign nationals associated with the activities of illegal organisations is the G-26 code. The recording of the code gives rise to two consequences together: the foreign national is removed from the country and their re-entry to Türkiye is prevented.
There are three separate routes by which this restriction may be lifted. An administrative objection may be made to the competent authority, an action for annulment may be brought before the administrative court, or entry to the country may be secured by obtaining an annotated visa. In addition, in order for the removal procedures to be halted, a separate action for annulment must be brought against the deportation decision.
Below we examine, in a practice-oriented manner, the ground on which the code rests, how it differs from similar codes, the avenues of application for its removal, the applicable time limits and the costs involved.
Definition of the G-26 Code
G-26 is a restriction code assigned where it is established that a foreign national has been involved in the activities of an illegal organisation, or where a suspicion to that effect arises. A foreign national against whom this code is recorded is deported and prevented from entering the country.
Grounds Requiring the Imposition of the Code
The basis of this code is the foreign national’s having a link with illegal organisations or their participation in the activities of such organisations.
The existence of the link or participation is established by means of reports prepared on the basis of data obtained through the research, investigation, examination and monitoring work carried out by the relevant units such as the National Intelligence Organisation (MİT) and the General Directorate of Security (EGM).
There is a distinction here to which attention must be paid. G-26 is applied in respect of the activities of illegal organisations that do not have the character of a terrorist organisation. The restriction code imposed on account of the activities of a terrorist organisation, by contrast, is G-89.
Avenues for Removal of the Code
The G-26 code may be lifted by making an administrative objection to the competent authorities or by bringing an action for annulment. In addition, it is also possible for a foreign national subject to the restriction to enter Türkiye by obtaining an annotated visa.
The Administrative Objection Route
A foreign national to whom a G-26 code has been assigned may object to the Presidency of Migration Management within 60 days beginning on the day following notification of the code. This objection is made by petition.
Where the objection is found to be well founded, the code is lifted. By contrast, where the application is refused outright by the Presidency of Migration Management, where an indeterminate reply is given, or where no response at all is received over a period of 30 days, the request is deemed to have been refused. Faced with such an outcome, the route of an action for annulment may be pursued in order to have the code removed.
An important effect of an objection addressed to the Presidency of Migration Management is that it suspends the period for bringing an action for annulment.
The Action for Annulment Route
It is possible to bring an action for annulment within 60 days of the day following notification of the code. The action is heard before the administrative court, with the Presidency of Migration Management as respondent.
The fact that an objection has been made to the Presidency of Migration Management does not prevent an action for annulment from being brought thereafter. In that scenario, the period elapsing between notification of the code and the date on which the objection was made is deducted from the 60-day period for bringing an action.
For instance, if the objection was made on the 40th day counted from the day following notification of the code, the foreign national will have 20 days remaining, beginning on the day following notification of the reply to the objection, in which to bring an action for annulment.
In this action, an order for a stay of execution may also be sought. Where the request is granted, the effects produced by the code are suspended until the proceedings are concluded. The making of such an order depends on damage that is difficult or impossible to make good arising if the measure is implemented, and on the administrative act being manifestly unlawful. It must be established in the petition that these two conditions are met in the case at hand.
Entry to the Country with an Annotated Visa
A foreign national faced with an entry ban on account of a G-26 code may enter the country by obtaining an annotated visa. This type of visa affords the foreign national the possibility of entering the country even though the restriction code and the entry ban have not yet been lifted.
The annotated visa is a type of visa issued exceptionally by the administration for various purposes and on various grounds, such as family reunification, work, study, medical treatment and trade.
Setting Aside the Deportation Decision
In respect of a foreign national against whom a G-26 code has been imposed, a deportation decision is also issued. In order for the person not to be removed from the country, an action for annulment must be brought against that decision; the deportation procedures are halted the moment the action is brought.
An action for annulment directed against a deportation decision is brought within 7 days of notification of the decision, before the administrative court of the place to which the governorship that issued the decision is attached. The action is directed against the governorship that issued the deportation decision.
In this action, the court may also be asked to order the annulment of the code. Where the requests are found to be legally well founded, both the deportation decision and the restriction code are set aside.
The action against the deportation decision must be brought immediately after notification of the decision. This is because, in practice, the administration is seen not to wait for the 7-day period for bringing an action to expire while completing the removal procedures. As the bringing of an action for annulment will halt the administration’s deportation procedures, acting swiftly is decisive.
In actions concerning the annulment of the deportation decision and of the code imposed in particular, the statutory time limits must be observed and the action brought as soon as possible. Placing the petition on a sound legal footing is equally important. Otherwise, the foreign national may be deported before an action can be brought, or the action brought may be dismissed. For this reason it is advisable to work with a lawyer experienced in the field of immigration law from the outset of the process.
Objection to an Administrative Detention Decision
A foreign national to whom a G-26 code has been assigned may be placed in a removal centre while the deportation procedures continue. In that situation, an objection must be made against the administrative detention decision so that the person’s being held under supervision is brought to an end and their liberty restored. The objection is addressed to the criminal judgeship of peace of the place where the governorship that issued the decision is located or of the place where the foreign national is held in detention.
How Long the Process Takes
Actions for annulment brought with a view to having a G-26 code removed take on average 1 year. Administrative objection applications directed against the code, on the other hand, are concluded on average within a range of 1 to 3 months.
Costs
The costs relating to the removal of a G-26 code are, as at 2023, in the region of TRY 4,000. That amount includes court fees and expenses, security for costs and postal expenses.
The costs relating to an action for the removal of a restriction code are set out in tabular form, applicable from 10 July 2023.
Court with Subject-Matter and Territorial Jurisdiction
In requests for the removal of a restriction code, subject-matter and territorial jurisdiction lie with the Ankara administrative courts. By contrast, in actions seeking the annulment of deportation decisions issued on the basis of a restriction code, the court with subject-matter and territorial jurisdiction is the administrative court in the province where the governorship that issued the decision is located.
Conclusion
G-26 is among the codes that lead both to the foreign national’s removal from the country and to their being unable to enter Türkiye for a certain period. For this reason, persons against whom the code in question is recorded must use their legal remedies without delay and secure the annulment of the code. In using those remedies, it is essential that the statutory time limits be observed and that the legal reasoning in the petitions be carefully constructed; otherwise the dismissal of the objections becomes inevitable. Conducting the process with expert legal support is of benefit in this respect.
Independent Legal’s Assessment
The most frequently encountered error in G-26 files is treating the restriction code and the deportation decision as though they were a single act. In fact, the time limit, the respondent and the court with jurisdiction differ as between the two acts: while a 60-day period runs before the Ankara administrative courts in respect of the code, only 7 days are available in respect of the deportation decision, in the place where the governorship that issued it is located. Where the shorter period is missed, the person may already have been removed from the country even if the action concerning the code is won.
Reading the ground on which the code rests correctly likewise determines the direction of the defence. G-26 is prescribed for the activities of illegal organisations that do not have the character of a terrorist organisation; whether the administrative report in the file meets that characterisation may be one of the strongest bases for the annulment request.
In a concrete dispute, the following matters should be given priority:
- Documenting separately the dates of notification of the code and of the deportation decision, and tracking the two different time limits in parallel
- Where an objection to the Presidency of Migration Management is preferred, calculating in advance the number of days by which the objection will reduce the period for bringing an action
- Discussing the report underlying the code and its characterisation, having regard to the distinction between it and G-89
- Including a request for a stay of execution in the annulment petition and explaining, with concrete evidence, the condition of damage that is difficult to make good
- Separately requesting the annulment of the code in the deportation action as well
- Keeping the option of an objection to the criminal judgeship of peace ready against the possibility of placement in a removal centre
Independent Legal provides advisory services and conducts litigation in administrative objections and actions for annulment aimed at the removal of restriction codes, and in the processes pursued against deportation decisions.