Scope of Immigration and Aliens Law and Common Disputes

Immigration and aliens law is a branch of public law closely related to administrative law and private international law, which regulates the status, rights, obligations, and conditions for entry, residence, and exit of foreigners who are in or wish to be in a state's territory. With the increase in mobility driven by globalization, this field is extremely sensitive and dynamic for both individuals and states.

Fundamental Principles of Immigration and Aliens Law

The foundation of immigration and aliens law rests upon the principle of "national sovereignty" and the discretion of states to determine the individuals they will admit into their territory. Nevertheless, the enjoyment of fundamental rights and freedoms by foreigners within the framework of international conventions, the Constitution, and the Law on Foreigners and International Protection (LFIP) No. 6458, respect for human rights, and the prohibition of non-refoulement are the universal safeguards of the system.

Common Disputes Encountered in Immigration and Aliens Law Practice

The primary types of disputes frequently encountered before the Presidency of Migration Management, consular procedures, and administrative courts in practice are as follows:

• Residence Permit Rejection, Cancellation, and Non-Renewal Disputes: Annulment lawsuits filed against administrative decisions to reject applications for short-term, student, family, or long-term residence permits, to cancel existing permits, or to fail to extend them within the prescribed time limit.
• Visa Violations, Visa Rejections, and Restriction Codes: Processes concerning the rejection of entry visas, overstaying the legal period of stay (visa violation), the imposition of restriction codes (such as exit bans, public order restrictions) that introduce entry bans into the country based on security grounds, and the removal of these codes.
• Deportation Decisions and Stay of Execution: Annulment and stay of execution lawsuits filed in Administrative Courts within the statutory period against deportation decisions issued against foreigners on grounds of public order, public safety, or public health, or due to the violation of the legal right to stay.
• Administrative Detention Decisions and Removal Center Objections: Objections made by foreigners held under administrative detention in Removal Centers pending deportation before Criminal Judgeships of Peace against this decision, alongside requests for release.
• International Protection (Refugee, Conditional Refugee, and Subsidiary Protection) Application Disputes: Legal remedies and objection paths against the rejection of international protection status applications, interview processes, and status determination decisions for individuals seeking refuge in the country due to war, persecution, or threats to the right to life.
• Acquisition of Immovable Property by Foreigners and Citizenship Procedures: Restrictions on property acquisition by foreigners in Turkey, the review of applications for acquiring Turkish citizenship through exceptional pathways, and the legal follow-up of rejected citizenship files.

Key Considerations in Legal Proceedings

Time limits are of vital importance in immigration and aliens law disputes. In particular, very short preclusive time limits (such as the obligation to file a lawsuit generally within 7 days from the notification of the decision) are stipulated against deportation decisions and administrative detention decisions. Filing lawsuits in administrative courts against the decisions of administrative authorities with proper justifications and current legislation (within the framework of the LFIP and relevant regulations) must be conducted with specialized legal support to prevent irreversible deportation procedures.