Restriction codes, which are among the records relating to the entry into and exit from Türkiye of foreign nationals, are administrative acts that directly affect a person’s admission to the country. Of these codes, M-67 is applied in cases where the offence of fraud has acquired a dimension that goes beyond national borders.
Once the code has been imposed, the foreign national’s entry into Türkiye ceases to be free and is made subject to prior authorisation; in addition, deportation proceedings may also be commenced in respect of the person. As regards the removal of the record, three separate routes arise: an objection to the administrative authority, an action for annulment before the administrative court, and an application for an annotated visa. If a deportation decision has been given, a separate action must be brought against that decision.
Definition of the M-67 Code
M-67 is a restriction code entered on a foreign national’s record by the Presidency of Migration Management in cases where the act of fraud bears an international character. The ability of a person carrying this record to enter the country is made subject to the condition of prior authorisation to be obtained from the Ministry of the Interior.
The Ground on Which the Code Is Imposed
The M-67 code is entered, upon the establishment that the foreign national is wanted by Interpol on account of the offence of fraud, for the purpose of protecting the security of the country.
The legal basis of the code is the seventh paragraph of Article 9 of the Law on Foreigners and International Protection No. 6458:
Law on Foreigners and International Protection No. 6458, Art. 9(7)
“For reasons of public order, public security or public health, the admission of foreign nationals to the country may be made subject to the condition of prior authorisation by the Directorate General (…).”
Interpol operates within a network of continuous communication and cooperation with the police units of member States. Where the act of fraud committed by the foreign national acquires, for whatever reason, a cross-border dimension such as to concern other States as well, the offence takes on the character of Interpol fraud.
Routes for the Removal of the Code
The deletion of the M-67 record may be secured by way of an administrative objection application or an action for annulment. In addition, where a foreign national whose record cannot be removed obtains an annotated visa, it becomes possible for him or her to enter Türkiye.
The Administrative Objection Route
A foreign national who has been notified that an M-67 code has been entered in respect of him or her may, within 60 days running from the day following notification, apply to the Presidency of Migration Management and request the removal of the record. The application must be made by a reasoned petition. The petition must explain the grounds on which the objection rests, and the documents supporting the allegations put forward must also be submitted in an annex.
The Presidency responds to that request within 30 days of its receipt. Where no reply at all is given within that period, or where a reply of an indeterminate character is given, the application is deemed to have been refused. Where the request is refused, the deletion of the record can be secured only by an action for annulment.
NOTE: An objection made to the Presidency of Migration Management has the effect of suspending the period for bringing an action for annulment.
The Action for Annulment Route
A foreign national who has been notified that the record has been imposed has the possibility of applying to the administrative court seeking annulment within the 60-day period running from the day following notification. At this point two different scenarios are in issue.
In the first scenario the foreign national brings an action for annulment directly, without lodging any objection with the Presidency of Migration Management. In that case the action must be brought within the 60-day period running from the day following notification of the record to the person. Once the route of a direct action has been chosen, it is not possible to return to the route of administrative objection.
In the second scenario an objection is lodged first, and an action for annulment is then brought. Here the objection lodged suspends the period for bringing the action. In other words, the number of days elapsing between the date on which the code was notified and the date on which the objection was lodged is deducted from the 60-day period; the remaining part is the period available for bringing the action.
To explain by way of a concrete example: if the objection was lodged on the 36th day running from the day following notification and that objection has been refused, the action for annulment may be brought within 24 days running from the day following notification of the decision of refusal.
A stay of execution may also be sought in the action brought for the deletion of the record. Where that request is granted, the consequences that the code would produce are suspended until the proceedings are concluded. In order for the court to be able to give a decision to that effect, it is required that the act be manifestly unlawful and that, if it were implemented, damage that is difficult or impossible to make good would arise. That these two conditions are met in the particular case must be set out in the petition.
More extensive information on the subject may be obtained from our study entitled the restriction code for foreign nationals and the action for the removal of the code, in which all restriction codes are examined one by one and the whole of the records maintained by the administration is set out.
Entry to the Country with an Annotated Visa
A foreign national faced with a ban on entry by reason of the M-67 code may come to Türkiye by obtaining an annotated visa. This type of visa is distinctive in that it allows entry to the country notwithstanding that the restriction record and the ban on entry continue.
The annotated visa is a visa issued in a special manner by the administration in connection with certain purposes such as work, study, family reunification, medical treatment and trade. That said, it is observed in practice that requests of this kind by foreign nationals assessed as posing a threat in terms of national security, such as those carrying the M-67 code, are refused.
Detailed information may be obtained by examining our study entitled what an annotated visa is and how it is obtained, in which the subject is addressed in all its detail.
Removal of the Deportation Decision
A foreign national in respect of whom a deportation decision has been taken on the basis of the restriction record has the right to bring an action for annulment within the 7-day period following notification of that decision. That action is heard before the administrative court of the place to which the governorship that gave the decision is attached. With the bringing of the action the deportation proceedings are stayed; the foreign national may not be removed from the country before the proceedings are concluded.
The fact that the period is limited to seven days does not in itself provide a sufficient safeguard. The administration is able to complete the deportation proceedings without waiting for the period for bringing an action to expire; and once the proceedings have been completed, the foreign national will in fact have been removed from the country. For this reason bringing the action without losing any time following notification of the decision is decisive as regards the staying of the proceedings.
The principal claim in the action is the annulment of the deportation decision. That said, the annulment of the restriction record may also be sought in the petition alongside the deportation decision. If the court finds the request well founded and lawful, both acts are annulled together.
In applications directed at the annulment both of the deportation decision and of the M-67 record, compliance with the periods provided for in the legislation is compulsory. The petitions to be submitted to the relevant authorities must furthermore be prepared together with their legal grounds. Where these requirements are not met, the requests are refused and the record remains in place. For this reason it will be of benefit to obtain support from the outset of the process from a lawyer working in the field of immigration law.
For more comprehensive information on the action to be brought against a deportation decision, our study entitled how a deportation decision is removed may be consulted.
Objection to a Decision of Administrative Detention
While deportation proceedings are being conducted in respect of a foreign national carrying the M-67 code, a decision of administrative detention may also be given. By such a decision the person is transferred to a removal centre. Throughout the period spent at the centre the foreign national is kept under supervision and deprived of his or her liberty.
The person’s release from the removal centre depends on an objection being lodged against the decision of administrative detention. The objection is directed to the Criminal Judgeship of Peace of the place where the governorship that gave the decision is situated, or of the place where the foreign national is in fact held.
Further information may be obtained from our study entitled the objection to a decision of administrative detention at a removal centre, in which the subject is examined in all its detail.
How Long the Process Takes
The removal of the M-67 record by way of an action for annulment takes on average 1 year. The time taken for objection applications made to the administration to be concluded is, for its part, in the range of 1 to 3 months on average.
Fees and Litigation Costs
The costs relating to the removal of the M-67 record stand, for 2023, at an average level of TRY 4,000. That amount covers the fees payable within the scope of the action, postal expenses, court fees and other litigation costs.
The Court with Subject-Matter and Territorial Jurisdiction
In actions relating to the removal of a restriction record, the forum with subject-matter and territorial jurisdiction is the Ankara administrative courts. By contrast, where the annulment of a deportation decision taken on the basis of a restriction code is sought, the action is heard before the administrative court in the province where the governorship that gave the decision is situated.
Conclusion
The action for annulment to be brought for the removal of the M-67 record involves a great many procedural steps. Compliance with the periods for bringing an action and the construction of the petitions together with their legal grounds are the two fundamental requirements of the process; where these are not observed, the dismissal of the action arises. If a deportation decision has also been given in respect of the person, an action for the annulment of the deportation decision must be brought without delay. For this reason it is of benefit for the process to be conducted from start to finish by a lawyer experienced in the field of immigration law.
Independent Legal Assessment
The decisive matter in files concerning the M-67 record is the separation of two distinct administrative acts from one another. The restriction record and the deportation decision are subject to different periods, different courts with jurisdiction and different legal consequences. That a period of sixty days runs against the record while only seven days are available against the deportation decision is the point that most frequently gives rise to a loss of rights in practice.
The second critical heading is the choice between the options of an objection and a direct action. Because an administrative objection suspends the period, it gains additional time; by contrast, once a direct action has been brought, it is not possible to return to the route of administrative objection. That choice must be made having regard to the strength of the documents available and to whether the foreign national is in fact present in Türkiye.
In a particular file the following headings should be addressed as a matter of priority:
- Documenting the date of notification of the record and calculating the sixty-day period accordingly
- Where a deportation decision exists, giving priority to the seven-day period so that the proceedings are stayed
- Seeking the annulment of the restriction record as well in the statement of claim
- Reasoning, on the basis of the particular case, the two conditions sought for a stay of execution
- Where a decision of administrative detention has been given, pursuing the route of objection to the Criminal Judgeship of Peace in parallel
- Investigating the character of the foreign State act on which the Interpol record is based
Independent Legal provides advisory services and the conduct of litigation in the field of immigration law as regards the removal of restriction codes, the actions for annulment to be brought against deportation decisions, and administrative detention proceedings.