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Litigation and Follow-up Procedures in Turkey

Frequently Asked Questions About Citizenship and Foreigners Law Litigation and Follow-up Procedures

  1. Can a lawsuit be filed if a citizenship application is rejected in Turkey?
  2. How can a foreigner whose work permit application is rejected in Turkey appeal?
  3. Which court can a person who is deported in Turkey apply to?
  4. What should a foreigner whose residence permit is canceled in Turkey do?
  5. Can a person whose international protection application is rejected in Turkey file a lawsuit?
  6. How is a citizenship annulment lawsuit conducted in Turkey?
  7. What types of lawsuits can foreigners file in Turkey?
  8. How is a stay of execution requested against a deportation decision in Turkey?
  9. What is the lawsuit filing period in administrative courts in Turkey?
  10. Is a lawyer mandatory in citizenship lawsuits in Turkey?
  11. How is a lawsuit filed against residence permit rejection in Turkey?
  12. What happens if a work permit exemption certificate is rejected in Turkey?
  13. Where is the annulment lawsuit filed for foreigners in Turkey?
  14. How many days does a residence permit application take to be concluded in Turkey?
  15. How is the re-entry right restored for a foreigner deported from Turkey?
  16. How is the lawsuit right of a foreigner protected under the Constitution and human rights in Turkey?
  17. Can a lawsuit be filed if the required documents for a citizenship application in Turkey are incomplete?
  18. What should a foreigner do if their work permit is canceled in Turkey?
  19. How is the right to file a lawsuit against administrative procedures used in Turkey?
  20. How does KL Legal Consultancy assist in citizenship and foreigners law lawsuits in Turkey?

Basic Scope of Citizenship and Foreigners Law Lawsuits in Turkey

What lawsuits can be filed concerning citizenship and foreigners law in Turkey?

Citizenship and foreigners law in Turkey is a broad legal field covering both individuals’ processes to acquire or lose Turkish citizenship and the rights foreigners have in matters such as residence, work, deportation, and international protection. Disputes in this field mostly arise from administrative procedures, with solutions generally found through annulment lawsuits and full jurisdiction lawsuits filed in administrative courts.

Among the most common lawsuit types in citizenship law are annulment lawsuits filed against the rejection of Turkish citizenship applications and judicial processes against decisions of revocation (annulment lawsuits) of acquired citizenship. These processes are conducted within the framework of Turkish Citizenship Law No. 5901, and each case is evaluated based on the applicant’s situation, residence duration, financial adequacy, and public security criteria. It is possible to file a lawsuit in administrative jurisdiction against rejection decisions.

In the scope of foreigners law, lawsuits against deportation decisions, rejection of residence permit applications, cancellation of residence permits, rejection of work permit applications, and negative outcomes of international protection applications stand out. These lawsuits are evaluated particularly within the framework of Foreigners and International Protection Law No. 6458 and International Labor Law No. 6735.

Success in such lawsuits is directly related to the proper preparation of the file, adherence to deadlines, and correct interpretation of legislation. At this point, working with an Izmir citizenship lawyer or a Turkey foreigners law lawyer is of great importance for the effective and swift progress of the legal process.

Litigation Processes Regarding Acquisition of Citizenship in Turkey

How does the lawsuit process proceed in case of rejection of a citizenship application in Turkey?

Acquisition of Turkish citizenship is regulated under Turkish Citizenship Law No. 5901; it is a discretionary process of the administration based on application. Foreigners seeking to acquire citizenship later in life must have resided continuously in Turkey for at least five years, prove their intent to settle, and fulfill other conditions required at the time of application. However, citizenship granted to those meeting these conditions is not an absolute right; applications are evaluated at the discretion of the Ministry of Interior.

In case of rejection, it is possible to file a lawsuit against the administrative rejection decision. Such lawsuits are generally filed as annulment suits in administrative courts. The lawsuit must be filed within 60 days from the notification of the rejection decision. The petition must demonstrate with concrete documents that the administration’s rationale is unlawful and that the applicant fulfills the necessary conditions.

In these lawsuits, factors such as the applicant’s lifestyle in Turkey, social integration, income status, criminal record, and whether they pose a threat to public security or order are considered. Courts assess whether the administration abused its discretion and whether the measure is proportionate.

Having the citizenship acquisition process conducted by a specialist lawyer such as an Izmir citizenship lawyer ensures both the correct and complete administrative application and the effective presentation of legal arguments during possible litigation. Especially the reasons for rejection should be examined in detail, missing information and documents completed, and legal remedies effectively utilized.

Lawsuits Filed Against Citizenship Loss in Turkey

What legal remedies are available against citizenship loss decisions in Turkey?

Loss of Turkish citizenship is regulated between articles 25 and 29 of Turkish Citizenship Law No. 5901. Citizenship loss can occur through administrative action or at the individual’s own request. Particularly, citizenship can be revoked by the administration for reasons such as public order, national security, failure to fulfill military service obligations, or acquisition of citizenship by fraudulent documents.

The procedures for losing Turkish citizenship by decision of the competent authority are generally carried out by the Ministry of Interior. Since this is an administrative decision, it is possible to file an annulment lawsuit in administrative courts against this decision. The lawsuit must be filed within 60 days from the notification of the revocation. Missing this deadline may cause irreparable consequences.

The lawsuit examines the legality of the administration’s reasons, whether they are supported by documents, the grounds for loss of citizenship, and their compliance with the constitution and international agreements. Especially claims that the person poses a threat to public order or national security must be supported by concrete evidence. Otherwise, the court may annul the decision.

In these lawsuits, the meticulous preparation of the file with the support of a Turkey citizenship lawyer and the complete submission of all favorable information and documents are of great importance. Moreover, since loss of citizenship directly affects fundamental rights, effective defense in such lawsuits plays a critical role both under domestic law and international human rights norms.

Lawsuit Process Against Deportation Decisions Regarding Foreigners in Turkey

What is the period and form of filing a lawsuit against deportation decisions in Turkey?

Deportation decisions in Turkey are regulated between articles 52 and 60 of Foreigners and International Protection Law No. 6458. Main reasons for deportation decisions include threatening public order or security, failing to leave Turkey after the expiration of legal stay, use of fraudulent documents, or violation of visa-residence permit conditions.

The deportation decision is made by the Provincial Directorate of Migration Management and is notified to the person. A lawsuit for annulment can be filed against this decision within 7 days in the administrative court. Filing a lawsuit does not automatically stop the deportation. However, it is possible to request a stay of execution together with the petition. The court evaluates this request and may suspend the enforcement of the decision.

The person deported may also face a re-entry ban to Turkey. Therefore, the lawsuit process is critical not only for the right to stay in Turkey but also for future entry possibilities.

Working with a Turkey foreigners law lawyer or an Izmir deportation lawyer in such lawsuits is vital for correct follow-up of deadlines, preparation of effective petitions, and legality of documents submitted to the court. The court also considers criteria such as the foreigner’s family ties in Turkey, duration of residence, and whether they pose a threat to public order. These must be presented clearly, concretely, and supported by documents.

Objection and Lawsuit Methods Against Residence Permit Rejections in Turkey

What legal remedies can a foreigner apply to if their residence permit application is rejected in Turkey?

Residence permits in Turkey are regulated under Foreigners and International Protection Law No. 6458. Foreigners must have a valid residence permit to legally stay in Turkey. However, in some cases, applications are rejected or existing permits are canceled following the evaluation by the Directorate General of Migration Management.

A lawsuit for annulment can be filed in administrative court within 60 days from the notification of rejection, extension refusal, or cancellation decisions. The court competent to hear the case is the administrative court in the jurisdiction of the provincial migration office that made the decision.

Before filing a lawsuit, it is also possible to object administratively to the Directorate General of Migration Management within the same period. This administrative objection is not mandatory and does not prevent the right to sue. However, in some cases, it may be beneficial to have the file re-evaluated.

The petition must clearly explain that the application is lawful and detail the foreigner’s reasons for residence, social and economic status in Turkey. A petition supported by documents is crucial for the court to give a positive decision.

During this process, acting with the support of a specialist lawyer such as an Izmir residence permit lawyer or a Karşıyaka residence permit lawyer ensures proper submission of documents and adherence to deadlines. Otherwise, applications may be rejected for formal deficiencies or the lawsuit dismissed for time bar.

What lawsuit process is followed in case of rejection of work permit applications in Turkey?

The right of foreigners to work in Turkey is regulated under International Labor Law No. 6735. Work permit applications are evaluated by the Ministry of Labor and Social Security considering many factors before a decision is made. If the application is rejected, foreigners or employers have the right to apply legally to have the decision annulled.

A lawsuit can be filed within 60 days in administrative court after notification of the rejection, refusal of extension, or cancellation decisions. The petition must demonstrate with concrete evidence that the reasons given for rejection are unlawful and that the application meets the necessary conditions.

Rejection decisions may be based on the characteristics of the workplace, foreigner’s education level and professional qualifications, labor market balance, or missing documents. Professional support during both preparation and litigation phases significantly increases the chance of success.

When the process is carried out with the support of an Izmir work permit lawyer or Turkey work permit lawyer, especially ensuring the accuracy of documents uploaded to the e-permit system, completing missing parts, and tracking procedures at the Ministry are more effectively managed. Work permit exemption certificate requests rejected can also be subject to litigation similarly.

Courts assess both the Ministry’s discretionary power and the applicant’s potential contribution to the labor market when evaluating rejection decisions. Therefore, a well-supported application file and a legally framed petition are of great importance.

Annulment and Stay of Execution Lawsuits Against Deportation Decisions in Turkey

How is a stay of execution request filed against deportation decisions in Turkey?

Deportation decisions in Turkey are implemented under Foreigners and International Protection Law No. 6458 and are generally based on reasons such as public order, public security, visa violations, illegal residence, or illegal work. Because these decisions have serious consequences, foreigners frequently resort to judicial remedies.

After notification of the deportation decision, the person or their representative may file an annulment lawsuit within 7 days at the competent administrative court. Together with this lawsuit, a request for stay of execution can be submitted. This request aims to temporarily suspend deportation until the case is concluded. The court, in its preliminary examination, evaluates whether the administrative act is manifestly unlawful and whether irreparable harm would occur, then decides on the request.

If a stay of execution is granted, the foreigner is not deported from Turkey; otherwise, the deportation procedure may be executed. Therefore, timely and legally justified application is vital.

Acting with the support of an Izmir deportation lawyer or Turkey foreigners law lawyer in these situations ensures the petition is prepared completely in terms of content, form, and deadlines. Lawyers can effectively present their clients’ social, familial, and economic ties in Turkey, human rights norms, and international agreement violations to the court.

Because deportation decisions directly affect a person’s family life, education, work, and fundamental rights, the legality of these decisions must be scrutinized carefully, and applications made strategically.

Litigation Process After Rejection of International Protection Applications in Turkey

Can a foreigner whose international protection application is rejected in Turkey file a lawsuit?

International protection applications in Turkey are evaluated under Foreigners and International Protection Law No. 6458 and refer to a procedure for persons who may be recognized as refugees, conditional refugees, or beneficiaries of subsidiary protection. This process is conducted by the Directorate General of Migration Management. If the application is rejected, the foreigner can exercise their right to judicial remedy.

An annulment lawsuit may be filed within 15 days from the notification of the rejection at the competent administrative court. Because this period is very short, the foreigner must file the lawsuit quickly and fully with professional support. A stay of execution may also be requested within this period against the deportation decision.

The petition must clearly state the risks the applicant would face upon return to their country, possible violations of fundamental rights, and danger of torture or ill-treatment. International human rights standards and treaties Turkey is party to provide an important basis for this evaluation.

With the support of an Izmir foreigners law lawyer or Karşıyaka citizenship lawyer, it is possible to prepare the petition, document rights violations, and present legal arguments effectively. Applications without lawyer support are often rejected due to formal deficiencies, missed deadlines, or insufficient documentation.

Courts do not only evaluate the legality of the administrative decision but also consider fundamental rights such as the applicant’s right to life, liberty, and security. Therefore, the lawsuit process must be conducted strategically, carefully, and comprehensively.

Follow-up of Foreigners Law Lawsuits in Administrative Courts in Turkey

What should be considered in lawsuits filed in administrative courts regarding foreigners law in Turkey?

Most lawsuits filed under foreigners law in Turkey are heard in administrative courts. These lawsuits aim to supervise whether administrative procedures concerning foreigners—such as residence permit cancellation, deportation decisions, rejection of citizenship applications, and work permit cancellations—are lawful. Administrative courts evaluate the reasons presented in the lawsuit petition and the legal basis of the administrative act.

The first critical issue in lawsuits filed in administrative courts is the very short and definitive deadlines. Lawsuits related to residence and citizenship procedures must be filed within 60 days from notification; lawsuits concerning deportation and international protection decisions must be filed within 7 to 15 days. Missing these deadlines eliminates the right to sue.

In addition, strong arguments addressing both procedural and substantive issues must be presented in the petition. Information about the foreigner’s social ties in Turkey, family status, education or work history, legal documents, and impact on public order must be supported by documents.

Working with a Turkey foreigners law lawyer or Izmir citizenship lawyer in such lawsuits ensures the process is conducted in accordance with procedural rules. Because the court assesses the legal status of the foreign plaintiff not only according to legislation but also under the Constitution and international agreements Turkey has ratified, professional management of the process is necessary.

During lawsuit follow-up, even if no hearing is held, timely submission of petitions, complete evidence presentation, and continuous communication with the court directly affect the outcome. Experienced lawyer support increases success both in terms of timing and content.

Role of Lawyers in Litigation Follow-up in Citizenship and Foreigners Law Lawsuits in Turkey

What is the lawyer’s contribution to the process in citizenship and foreigners law lawsuits in Turkey?

Lawsuits related to citizenship and foreigners law in Turkey require legal knowledge and experience due to complex legislation, multi-layered administrative procedures, and frequently changing practices. Working with an expert lawyer in these processes ensures not only that formal procedures are correctly performed but also that the application is conducted strategically and effectively.

In citizenship applications, the administration exercises broad discretionary power. However, this power is not unlimited and is constrained by rule of law principles. In case of rejection, with lawyer support, the applicant’s integration into Turkey, intention to settle, and public order considerations can be effectively reflected in the case file. Similarly, in residence permit rejections, deportation decisions, international protection rejections, and work permit cancellations, lawyers play a vital role in timely lawsuit filing and forming effective defense strategies.

Specialist lawyers such as Izmir citizenship lawyers or Turkey foreigners law lawyers guide their clients in all processes from preparing complete and proper administrative application documents to petitions submitted to the court. They also establish professional communication between the client and administration or court to ensure more effective defense of rights.

Many foreigners suffer serious losses due to language barriers, lack of legal knowledge, and procedural complexity. Therefore, working with a lawyer in citizenship and foreigners law lawsuits is not merely an option but often a necessity for ensuring legal security.