The admission of foreign nationals to Türkiye does not depend solely on the validity of a passport and visa; the administrative codes in the system records are also decisive at the point of entry. G-87 is the code founded on an assessment that public security has been placed at risk, and it effectively closes off admission to the country. Nor is its consequence confined to the prevention of entry; where this code is recorded against a foreign national present in Türkiye, a deportation decision most often arises in the same file.
Persons in respect of whom a G-87 record has been created unlawfully have two routes available to them: an objection to the administrative authority and an action for annulment before the administrative court. In this briefing note we address the basis of the code, the procedures for its removal, the applicable time limits and the steps to be taken against deportation and administrative detention decisions.
The Meaning of the G-87 Code
G-87 is a restriction record that constitutes an impediment to a foreign national’s entry to Türkiye without any time limit being prescribed. In practice this record is also referred to as the general security code. The power to determine which facts and expressions are to be regarded as a threat to general security has been left to the administration.
Responsibility for the creation of the record does not lie with a single authority. Where a suspicion arises that the foreign national poses a danger from the standpoint of general security, the Presidency of Migration Management, border personnel at the border gates and other relevant units are able to record the G-87 entry.
The Assessment Leading to the Imposition of the Code
The ground for the record is a suspicion that the foreign national may pose a threat to the general security of the country. The facts on which that suspicion is to be based are determined at the discretion of the competent administrative authority.
By contrast, the deportation of a foreign national or the indefinite closure of their entry to the country must rest on concrete evidence rather than on an abstract conviction; at the litigation stage, documents and intelligence reports to that effect are requested from the administration. Nevertheless, in practice it is observed that deportation measures are imposed on the basis of suspicions having no tangible foundation. In such a situation, the deletion of the record is possible only by pursuing the legal remedies.
Routes to Be Followed in Removing the Record
The deletion of a G-87 record is achieved through two mechanisms: an objection addressed to the competent authority, or an action for annulment to be brought before the administrative court. If a deportation decision has also been taken on the basis of this code, a separate action for annulment must be brought against that decision as well, since it is an independent act.
Whichever route is chosen, the defence advanced is expected to establish the true picture of the events in a manner leaving no room for doubt; applications whose legal reasoning is not soundly constructed remain without result. For this reason, conducting the process with the assistance of a lawyer experienced in the field of immigration law is decisive.
Another frequently encountered problem is the confusion of the G-87 record with other restriction codes. Reasoning built on the wrong code is not accepted, and annulment requests are refused on that account. Details concerning all of the codes are addressed in our note entitled foreign restriction codes and removal of a restriction code.
Objection to the Administrative Authority
The first route that may be pursued for the deletion of the record numbered G-87 is to object to the authority that imposed the measure, that is, to the Presidency of Migration Management. The period within which the objection may be addressed is 60 days beginning from the point at which the record was learned of or notified to the foreign national.
An administrative objection is not a precondition for bringing an action; nevertheless it is widely preferred for two reasons: it may in practice yield a result, and the possibility of objecting to the administrative authority no longer remains once an action for annulment has been brought.
If the administration refuses the objection, gives no reply of any kind within 30 days, or gives a reply that is indeterminate, the route of an action for annulment before the administrative court opens. It is, on the other hand, also possible to go directly to litigation without pursuing the objection stage at all.
Action for Annulment
The other possibility available to a foreign national in respect of whom a G-87 record has been created is to bring an action seeking the annulment of the record, with the Presidency of Migration Management as respondent. If the action is allowed, the restriction record is deleted; if the request is refused, recourse may be had to the appeal and the appeal on points of law instances.
The period for bringing an action is 60 days from the day following notification of the record or the learning of it. Where an objection has been made to the administrative authority before proceedings, the period running up to the objection is included in the calculation; the period during which the administration assesses the application, by contrast, is not counted.
By way of an example: if the foreign national objects on the 15th day following notification of the record and the administration replies at any time within the 30-day period, the remaining period for bringing an administrative action is 45 days. The initial 15-day portion has been deducted from the 60-day period.
In an action brought seeking the annulment of the record, execution is not stayed of its own accord. In order for the adverse consequences produced by the code to be averted, a stay of execution must also be requested in the petition.
Details concerning all of the types of restriction code and the conduct of an action for annulment are contained in our note entitled foreign restriction codes and the action for removal of a code.
Entry to the Country with an Annotated Visa
Foreign nationals who are able to obtain an annotated visa may enter Türkiye for as long as the visa remains valid, even if a deportation decision has been issued against them. This exceptional facility, granted in special situations such as the preservation of family unity or medical grounds, is secured by an application to the Turkish diplomatic missions in the country where the foreign national is located.
In practice, however, it is observed that annotated visas are not issued to persons against whom a restriction code in the G group has been recorded. Preparing the application with regard to its essential points is therefore of importance. Details on the subject are set out in our note entitled annotated visa.
Action Against the Deportation Decision
The deportation decision issued in respect of the foreign national may also be made the subject of an action. The period for bringing an action is 7 days from the day on which the decision was notified to the foreign national. The court with subject-matter and territorial jurisdiction is the administrative court of the place where the governorship that imposed the decision is located; no appeal or appeal on points of law lies against the judgment to be given.
During that 7-day period the deportation procedures are not halted; in other words, it is in practice possible for the foreign national to be removed from the country within that interval. For this reason the documents must be gathered without delay after notification of the decision and the action brought as soon as possible.
The law provides that this action is to be concluded within 15 days; in practice, however, the proceedings are seen to extend over 4 to 5 months. If the foreign national is under administrative detention, an objection must also be made against the detention decision; otherwise the detention continues throughout the proceedings.
With the bringing of an action for annulment against the deportation decision, the deportation procedures are halted of their own accord; there is no need additionally to request a stay of execution.
In such actions brought within time, the removal of the G-87 record and of the entry ban may also be sought. If the deportation decision is annulled, the restriction record relied on as its basis is likewise deleted. By contrast, where the 7-day period has been missed, the removal of the record can be secured only by a separate action for annulment.
The details of an action for annulment to be brought against a deportation decision are examined in our note entitled how is a deportation decision (removal from the country) lifted?
Objection to an Administrative Detention Decision
A foreign national against whom a G-87 record has been made may have been placed under administrative detention together with the deportation decision; in that case they are accommodated in a Removal Centre. Although the maximum period of detention is 6 months, it may be extended by a further 6 months in certain circumstances. The objection is made to the criminal judgeship of peace of the place that issued the deportation decision.
Objecting to the detention decision does not halt the deportation procedure. In order to prevent the foreign national from being removed from the country, an action for annulment must also be brought against the deportation decision alongside that objection.
Details on the subject are addressed in our note entitled objection to an administrative detention decision in order to leave a removal centre.
How Long the Process Takes
Removal of a G-87 record by way of an application to the administrative authority takes 1 to 3 months. Where the matter is taken to the administrative court, that is, where an action for annulment is brought, the process takes approximately 1 year.
These periods do not run identically in every file. The workload of the authority applied to, the incomplete submission of documents, or a failure to set out the grounds of objection with sufficient clarity may prolong the process.
Fees, Expenses and Attorney’s Fees
The fees and expenses relating to the removal of a restriction record consist of items such as the action filing fee, postal fees and the like, and total approximately TRY 4,000. If a separate action is to be brought against the deportation decision, the fees are payable again for that file. For an individual application to the Constitutional Court, the fee has been set at TRY 2,220.60.
These items are republished each year by the competent authorities, and the amounts stated relate to the 2023 tariff.
Court with Subject-Matter and Territorial Jurisdiction
The courts with subject-matter and territorial jurisdiction over the removal of a restriction record are the Ankara administrative courts. In the annulment of deportation decisions taken on the basis of the code, subject-matter and territorial jurisdiction lie with the administrative courts in the province where the governorship that issued the decision is located.
Conclusion
G-87 is one of the restriction codes most frequently encountered in the case of foreign nationals against whom a deportation decision has been issued and who are held in administrative detention for lengthy periods. Both in an administrative objection and in an action for annulment, a clear presentation of the true picture of the events directly affects the outcome. In order for the record to be deleted as quickly as possible, it is important to obtain the assistance of a lawyer specialising in the field of immigration law.
Independent Legal’s Assessment
The most frequently encountered error in G-87 files is drafting the petition before the ground for the record has been clarified. As the general security criterion involves a broad margin of discretion, the annulment request must be directed at the concrete fact on which the administration relied. The second critical point is that the time limits run independently of one another: 60 days apply to the restriction record and 7 days to the deportation decision, and missing the shorter period may change the course of the file entirely.
In setting the roadmap for a concrete dispute, the following matters should be addressed first:
- Verifying that the record is indeed G-87, without confusing it with codes in the same letter group
- Where a deportation decision has been notified, treating the 7-day period as the priority timetable
- Where an administrative objection is preferred, calculating its effect on the period for bringing an action at the outset
- Always including a request for a stay of execution in the statement of claim
- Addressing the detention objection to the criminal judgeship of peace, separately from the action for annulment
- Requesting that the intelligence reports and documents relied on by the administration be brought before the court
Independent Legal provides advisory services and conducts litigation in all immigration law disputes, from the removal of restriction codes through to the applications to be pursued against deportation and administrative detention decisions.