“Inadmissible Passenger” (INAD) Due to Entry Ban
Contents:
- What is an Entry Ban?
- What is an Inadmissible Passenger (INAD)?
- Initial Steps in the INAD Passenger Process
- 3.1. Notification and Legal Procedures
- 3.2. Assessment of Personal Circumstances
- Legal Remedies: Court Appeals and Rights
- 4.1. Legal Process and Required Documents
- 4.2. Requesting Suspension of Execution
- International Protection and Refugee Applications
- Conclusion and Recommendations
- What is an Entry Ban?
An entry ban is an administrative decision that restricts a foreigner from entering Turkey due to reasons such as public order, security, or health concerns. This restriction is based on the Law on Foreigners and International Protection (Law No. 6458). Entry bans are commonly imposed on individuals who have been deported or stayed illegally in Turkey.
- What is an Inadmissible Passenger (INAD)?
Foreigners with an active entry ban are categorized as Inadmissible Passengers (INAD) upon their arrival at Turkish borders. These individuals are refused entry and sent back to their point of origin.Cases under this status are evaluated in accordance with Turkish regulations and international law standards.
- Initial Steps in the INAD Passenger Process
3.1. Notification and Legal Procedures
The decision regarding the entry ban must be communicated to the individual either verbally or in writing. However, in practice, such decisions are often not provided in written form. Once informed, the individual has the following rights:
- 60-Day Legal Period: A lawsuit can be filed within 60 days to annul the entry ban.
- Requesting Documents: If no formal notification is received, necessary documents can be obtained through information requests.
3.2. Assessment of Personal Circumstances
- Risk of Threat in the Country of Origin: The likelihood of facing torture, ill-treatment, or the death penalty in the destination country should be assessed.
- Interviews and Communication: Detailed information can be collected via electronic communication or, if permitted by airport authorities, face-to-face interviews.
- Legal Remedies: Court Appeals and Rights
4.1. Legal Process and Required Documents
When filing a lawsuit to annul the entry ban, the court reviews factors such as the foreigner’s current circumstances and whether they pose a threat to public order. Required documents include:
- The lawsuit petition,
- A copy of the notification or decision,
- Supporting documents proving no threat to public order (e.g., student enrollment, residence permits).
4.2. Requesting Suspension of Execution
An important step is to request the suspension of execution. This prevents the individual from being deported while the legal case is ongoing.
- International Protection and Refugee Applications
If there is a life-threatening situation in the individual’s country of origin, they can apply for international protection.
- This application is typically initiated by the individual.
- In case of rejection, the decision can be appealed through legal action.
- Conclusion and Recommendations
The legal processes for foreigners can be complex and time-consuming. To ensure a successful outcome, seeking assistance from a legal expert is crucial. At Cr Partners Law Firm, our experienced team is ready to support you in navigating these legal procedures and safeguarding your rights. Contact us to handle your legal matters with confidence.