Judicial review of the detention order



Refugee Rights Turkey

As per Art 68-4 of LFIP, the decision to detain an international protection applicant during the processing of his or her claim must be communicated in written. The notification letter must provide the reasons justifying detention and the length of detention. The applicants must also be notified of the legal consequences of the detention decision and available appeal procedure, however the provision does not impose a requirement to provide this information in written.

While there is no requirement of automatic periodic review of the detention decision by either the judiciary or the detention authority itself, administrative detention of international protection applicants is subject to judicial review. The decision to detain can be challenged at the competent Magistrate’s Court Judge.

Art 101 of LFIP authorizes Turkey’s High Council of Judges and Prosecutors to determine which Magistrate’s Court chamber in any given local jurisdiction shall be responsible for appeals against detention decisions within the scope of LFIP.

In November 2015, the Council passed a decision to designate the 2nd Chamber of each Magistrate’s Court responsible for appeals against administrative detention decisions within the scope of LFIP. Thereby, there is an implicit intention to for one designated chamber in each local jurisdiction to specialize in matters of LFIP. That said, these competent chambers will continue to deal with all types of case load and will not exclusively serve as asylum and immigration appeal bodies.

The competent Magistrate’s Court judge must finalize the appeal within 5 days. The decision of the Magistrate’s Court is final it cannot be appealed by either side in a higher court of law. However, there is no limitations on new appeals by the applicant to challenge his or her ongoing detention.

Art 70-2 of the LFIP stipulates that “applicants will be provided interpretation during all interactions with authorities at application, registration and personal interview stages, if they request so”. Furthermore, Art 100-2 of the LFIP stipulates that “in all written notification within the scope of the LFIP, due consideration shall be given to the fact that the persons concerned are foreign nationals”. It must follow from these provisions that the written notification of the detention decision must be made in a language the applicant will understand, however the fact that the provision in Art 68 itself does not establish this as a clear duty on the part of the detention authority is cause for concern.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti