When a foreigner’s passport is read at a border crossing, the restriction records appearing in the system show the position the administration has previously taken on that person’s admission to the country. Among these records, N-99 is the code connected with Interpol data and referred to in practice simply as the Interpol code. Once the code has been applied, the foreigner’s entry to Türkiye is made subject to a prior permission procedure instead of being allowed directly.
On paper the arrangement appears as a supervisory mechanism; its consequence in practice is far graver. Since that prior permission is in most cases not issued to foreigners in respect of whom a code in the N group has been applied, the record operates in practice like an entry ban. The routes that may be followed to have the record lifted fall under three headings: an application to the competent administrative authority, an action for annulment before the administrative court, and obtaining an annotated visa. Where a deportation decision has also been given in respect of the person concerned, an action must likewise be brought independently against that decision.
Below we address the grounds on which the code is imposed, the institutions that exercise this power, how the time limits for objection and for bringing an action are calculated, how long the proceedings take and which items of cost arise.
The Meaning and Function of the N-99 Code
N-99 is one of the restriction records that constitute an obstacle to a foreigner’s admission to the country. The basis of the record is that the person concerned appears in Interpol’s wanted notices or that a wanted record exists in respect of that person in one of the states that are members of that organisation.
The power to apply the code does not belong to a single institution. The Provincial Directorates General of Migration Management, the Directorates General of Borders and Coasts and certain other units authorised by the legislation are able to create this record.
The legal consequence of the record is that entry to the country is made subject to permission obtained in advance. That is to say, a foreigner in respect of whom an N-99 record exists must have obtained permission from the competent authorities before arriving at the border crossing. Since in practice this permission is generally not issued, however, the consequence for persons carrying the record turns in effect into a ban on entry to the country.
The Grounds on Which the Code Is Imposed
The fundamental purpose in applying the code is to keep under supervision the entry to the country of foreigners named in Interpol notices. The statutory framework for this need for supervision is the protection of public order and public security drawn in Article 9 of the Law on Foreigners and International Protection No. 6458.
The record has two practical consequences: the foreigner’s admission to the country is made subject to the condition of prior permission, and the person concerned ceases to be able to benefit from the visa exemption regime.
Routes That May Be Followed to Have the Code Lifted
The erasure of an N-99 record becomes possible either as a result of an application to the competent administrative authority or as a result of an action for annulment brought before the administrative court. Alongside these, entry to the country may be secured by obtaining an annotated visa even where the record has not yet been lifted.
Administrative Application to the Migration Authority
An application is made to the Presidency of Migration Management seeking the lifting of the record. The request is submitted by way of a reasoned petition setting out the legal and factual aspects of the matter. The application must be made within 60 days, running from the day following the day on which the record was notified to the person concerned.
The administration decides on the request reaching it within 30 days. If no reply whatever is given within that period, the request is deemed to have been impliedly rejected. Rejection opens the route of an action for annulment. On the other hand, there is no obstacle to the foreigner going directly to the administrative court without making use of the administrative application stage at all.
This application to the administrative authority has one further important function: until the request is concluded, the 60-day period provided for bringing an action is suspended.
Action for Annulment Before the Administrative Court
An action for annulment may be brought before the administrative court for the erasure of the record. The period within which the action is to be brought is, just as with the administrative application, 60 days from the day following notification.
Where an application was first made to the Presidency of Migration Management and the request was rejected, recourse is again had to the route of an action; in that event, however, the period does not run afresh. The number of days elapsing between notification of the record and the date on which the administrative application was made is deducted from the 60-day period.
This may be made concrete by an example: if the application to the administration was made on the 32nd day counting from the day following notification, 28 days remain for bringing an action, running from the day following notification of the decision of rejection.
A stay of execution may also be requested in this action. Where the request is granted, the legal effects to which the record gives rise are suspended until the end of the proceedings. Two conditions are sought together for such a decision: that damage that is difficult or impossible to make good would arise were the act to be implemented, and that the act is manifestly unlawful. The petition must establish that these conditions are met in the concrete case.
Proceedings concerning the annulment of restriction records involve a great many steps, from monitoring the time limits to preparing the petitions in due form. Constructing the legal bases of the annulment request correctly in the statement of claim is likewise among the elements that determine the outcome. It is therefore appropriate for the process to be conducted with the assistance of counsel experienced in the field of immigration law.
For all the restriction codes and the details of proceedings concerning the annulment of a code, reference may be made to our study entitled foreigner restriction codes and the action for the lifting of a code.
Entry to the Country with an Annotated Visa
A foreigner faced with an entry ban by reason of N-99 may come to the country by obtaining an annotated visa. The distinguishing feature of this type of visa is the following: it affords the person concerned the possibility of entering the country even though the record and the entry ban attached to it continue to exist.
The annotated visa is a special category of visa issued by the administration and dedicated to particular purposes such as family reunification, work, education, medical treatment and trade.
All the details of the subject are addressed in our article entitled what an annotated visa is and how it is obtained.
Bringing a Separate Action Against the Deportation Decision
A deportation decision may also have been given at the same time in respect of a foreigner against whom a restriction record exists. In such a situation it is not sufficient to go to court seeking only the annulment of the record; the deportation measure continues to be implemented in its own right. Separate actions must therefore be brought against both acts. An action directed against the deportation decision stays the enforcement of that decision.
The action for annulment to be brought against a deportation decision is brought within 7 days, counting from notification of the decision to the foreigner. In that petition, the lifting of the restriction record that has been applied may be sought alongside the deportation measure. If the court finds the request well founded, the record is erased as well.
It is recommended that the end of the seven-day period not be awaited and that the petition be filed at the earliest possible date. For once the administration has completed the deportation formalities, it is able to remove the person from the country without waiting for the foreigner to bring an action.
For a comprehensive examination of the proceedings to be conducted against a deportation decision, reference may be made to our article entitled how a deportation decision is lifted.
Administrative Detention at a Removal Centre and Objection
A foreigner in respect of whom a deportation decision has been given may be held under administrative detention at removal centres. In order for the person to be able to leave that centre, an objection must be lodged with the Criminal Judgeship of Peace in the place where the governorship that gave the decision is situated.
Only the general framework of objection to an administrative detention decision has been given here. For detailed information, our study entitled objection to an administrative detention decision at a removal centre may be examined.
The Expected Duration of the Process
An action for annulment brought before the administrative court for the lifting of the record takes on average around 1 year. An administrative application to the competent authority, by contrast, is concluded in a far shorter time, within 1-3 months.
Litigation Costs and Court Fees
Where an action is brought before the administrative court, the costs arising consist of the application and decision fees, postal expenses and other items relating to the proceedings. The total of these items is in the region of TRY 4,000.
Since the schedules of fees are determined anew each year, the current amounts must be checked at the time of the application. In the source text, the administrative litigation cost amounts for 2023 are shown in a separate table.
Court with Subject-Matter and Territorial Jurisdiction
In actions concerning the lifting of a restriction record, subject-matter and territorial jurisdiction lie with the Ankara administrative courts. Where, by contrast, the annulment of a deportation decision given on the basis of the record is sought, the courts to hear the action are the administrative courts of the province in which the governorship that gave the deportation decision is situated.
Conclusion
N-99 is among the restriction records most frequently encountered in practice. The erasure of the record, however, is not a simple formality completed with a single petition but a process containing a great many procedural steps. Where the record and, if there is one, the deportation decision cannot be annulled, the person concerned will be unable to enter the country or will be removed from it. In order not to face consequences of this gravity, it is of great importance that the process be conducted with a lawyer specialising in the field.
Independent Legal Assessment
In N-99 records the source of the dispute is most often not an act committed in Türkiye but an international record created at the request of another state. The currency and accuracy of the Interpol data on which the record is based, and whether that data corresponds to the person concerned, must therefore be placed at the centre of the defence. In records arising from similarity of names or from requests of a political nature, this examination can be decisive.
The second critical dimension of the process is timing. The choice between the administrative application and the route of an action produces consequences not only as regards speed but also as regards the calculation of time limits; the existence of a deportation decision changes the timetable entirely. When a road map is drawn up in a particular file, the following headings should be assessed as a priority:
- Fixing the date of notification by documentary evidence and calculating the 60-day period from that date
- Determining at the first stage whether the file also contains a deportation decision and, if it does, prioritising the 7-day period
- Making a conscious choice between the options of an administrative application and a direct action, having regard to the time remaining
- Advancing the request for a stay of execution in the statement of claim with supporting reasons
- Pursuing the route of objection to the Criminal Judgeship of Peace at the same time where the person concerned is held at a removal centre
- Assessing the annotated visa option in parallel with the proceedings where there is an urgent need to travel
Independent Legal provides advisory services and conducts proceedings for foreign natural and legal persons in processes concerning the lifting of restriction codes, the annulment of deportation decisions and objections to administrative detention.