Among the administrative records that close off a foreigner’s entry to Türkiye, one of those producing the gravest consequences is the G-82 code. Where this record is applied, the foreigner is either refused entry at the border crossing or transferred to a removal centre and removed from the country. For a person turned back at the border or deported, the only way out is a legal application.
Below we address what the code signifies, the facts on which it is based, the requirement of concrete evidence and the procedure for having it lifted.
The Meaning of the G-82 Code
G-82 is a restriction record applied in respect of foreigners found to have engaged in activity against national security. The record prevents the person from entering the country; if the person is already in Türkiye, it produces the consequence of deportation for an indefinite period.
Which forms of conduct are to be regarded as activity against national security is not expressly enumerated in the legislation; that characterisation is left to the discretion of the administration. The administration is nevertheless obliged to ground the conclusion it reaches on concrete data. In practice it is at times seen that this criterion is not met and that the record is applied without resting on concrete evidence. An act established in such an evidence-free manner is unlawful and may be lifted by way of an action.
The Grounds on Which the Code Is Imposed
The purpose of the G-82 record is to prevent the entry into Türkiye of a person assessed as having engaged in activity against national security. Where the foreigner is within the country, the record is also used to cancel work and residence permits and to carry out the deportation procedure.
Establishing connections with terrorist organisations, offences such as smuggling, and the laundering of proceeds derived from such offences are among the headings that constitute a threat as regards national security. These facts must nonetheless be supported by concrete evidence. Information obtained by the National Intelligence Organisation is drawn upon in the assessment.
Routes That May Be Followed to Have the Code Lifted
The G-82 record is erased by applying to the administrative unit that created the code or by bringing an action for annulment. Independently of these, a foreigner subject to a record and an entry ban may secure entry to the country by way of an annotated visa.
Whichever route is chosen, the decisive matter is the same: the legal ground must be set out clearly. Where the unlawfulness of the act cannot be demonstrated in concrete terms, the refusal of applications comes onto the agenda. It is therefore important that the process be conducted with the assistance of a lawyer specialising in the field of immigration law.
Lifting the Record by Way of Administrative Objection
The first legal instrument that may be used to have the record erased is to lodge an objection with the administrative authority. The addressee is the Presidency of Migration Management, and the objection is submitted by way of a reasoned petition. The period is 60 days, running from the day following the date on which the record became known or was notified.
Applying to the administration is not a precondition for bringing an action. An action for annulment may be brought directly, without recourse to the objection route at all. In addition, the route to court is likewise open where the administration rejects the objection or gives no reply at all within 30 days.
Action for Annulment for the Lifting of the Record
The other route available to a foreigner in respect of whom a record has been created is to bring an action for annulment before the administrative court. The action is directed against the Presidency of Migration Management; if it is dismissed, the remedies of appeal and appeal on points of law may be used.
The time limit for bringing an action is of particular importance in these disputes. As a rule the period is 60 days, running from the day following notification of the record. Where an application was made to the competent authority before the action, the time elapsing between notification of the decision and the objection application counts within the 60 days.
Bringing an action seeking the annulment of the G-82 record does not of itself suspend the enforcement of the administrative act. For the implementation of the act to be suspended, a request for a stay of execution must therefore also be made; otherwise, the mere bringing of the action does not stay execution.
Detailed information on the annulment of restriction codes and on the time limits for bringing an action is contained in our note entitled foreigner restriction codes and the lifting of restriction codes.
Entry to the Country with an Annotated Visa
Entry to Türkiye may be secured by way of an annotated visa even while the G-82 record and the entry ban continue. This visa does not produce the effect of lifting the record; it merely enables the foreigner to enter the country notwithstanding the existence of the record.
The annotated visa is an exceptional type of visa granted in cases such as family, health or education. Matters such as the circumstances in which the visa is granted, the application procedure and the documents required are explained in our note entitled what an annotated visa is and how it is obtained.
Action for Annulment Against the Deportation Decision
A deportation decision given in respect of a foreigner is lifted by way of an action for annulment. That action must be brought within 7 days of notification of the deportation decision to the foreigner. The decision the court gives on this matter is final. Where the administrative court dismisses the action, however, there is the possibility of making an individual application to the Constitutional Court.
The time taken for the administrative court to conclude the action brought is approximately 4 to 6 months. Unless the foreigner objects to the administrative detention decision, he or she continues to be held in the removal centre until the deportation action is concluded.
The details on the subject are contained in our note entitled how a deportation decision is lifted.
Objection to the Administrative Detention Decision
For a foreigner brought to a removal centre with a view to removal from the country to be able to leave that centre, an objection must be lodged against the administrative detention decision. If the objection route is not pursued, the person continues to remain in the centre until removed from the country or until the deportation decision is annulled. The authority to which the objection is to be directed is the Criminal Judgeship of Peace.
The details on the subject are explained in our note entitled objection to an administrative detention decision at a removal centre.
How Long Does Lifting the Record Take?
Having a restriction record lifted takes approximately 1 year. That period varies according to the speed with which the administration replies to the application, the workload of the courts and whether there are deficiencies in the documents submitted to the file.
Court Fees and Litigation Costs
The court fees and costs of an action for the lifting of a G-82 record are in the region of TRY 4,000. These items are redetermined each year. The schedule of fees and costs for annulment actions in force as of 10 July 2023 should be taken as the basis.
Court with Subject-Matter and Territorial Jurisdiction
In disputes concerning the lifting of a G-82 record, the Ankara administrative courts have subject-matter and territorial jurisdiction. In an action seeking the annulment of a deportation decision given on the basis of this code, the administrative court of the place where the authority that gave the decision is situated has territorial jurisdiction.
Conclusion
The G-82 record is a code applied in cases where a foreigner is assessed as constituting a threat as regards national security. It produces grave consequences such as the person’s removal from the country, the cancellation of work and residence permits and a ban on entry to the country. In order not to face these consequences, legal remedies should be pursued and support obtained from a lawyer specialising in the field.
Independent Legal Assessment
The fundamental difficulty in G-82 files is that the information relied on as the basis of the act is most often of an intelligence nature. The administration’s discretionary power is nevertheless not free from review; the requirement that the characterisation rest on concrete data forms the starting point of the defence in an action for annulment. The second matter is that two separate acts are subject to different timetables: while 60 days is provided for the annulment of the record, the period for the deportation decision falls to 7 days.
In a particular file, the following headings should be prioritised:
- Documenting the date on which the record became known or was notified, and calculating the 60-day period from the outset
- Ensuring that the request for a stay of execution is always included in the statement of claim
- Managing the 7-day period as a separate timetable where there is also a deportation decision
- Lodging the objection with the Criminal Judgeship of Peace at the same time for a person held in detention
- Planning in advance the option of an individual application in the event of a dismissal
Independent Legal provides advisory services throughout administrative application and litigation processes in restriction code and deportation disputes.