Private international law · Legal information

Which Line Is Read in an Administrative Detention Decision?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

An administrative detention decision is the foreigner being held administratively at the place written in the decision. This decision is not the removal decision itself. The lines that are read are the ground and the period. Whatever is written on the period line is what it is. This text does not put a count of the period, and it does not describe leaving the centre.

A decision of being held, and a decision of removal

A removal decision relates to the removal of a foreigner who is in the country. Administrative detention is about being held. The two can be in the same file. Being in the same file does not make the two decisions a single paper. The heading of the detention decision is not read as the heading of the removal decision. The heading of the removal decision is not read as the period of detention either. If there are two decisions in the file, both are separated from their own result paragraphs. If the paragraphs stand one under the other, standing one under the other does not join the provisions.

One is not completed as if the other existed while it does not. If there is a detention decision and the removal decision is not in the copy, a result of removal is not built from this page. If there is a removal decision and no detention decision, a result of being held is not built from here either. Which paper was served is seen from each one’s own record. How an objection petition is directed at a removal decision is in the article on an objection to a removal decision. This page does not build that petition. The text of the requests relating to the detention decision is not written here either. A request is separated only from the heading that was served. If there is no heading, a request is not chosen from this page either.

If the two decisions were drawn up on different dates, each date is on its own paper. One does not change the record of when the other was drawn up. The ground in the removal decision is not copied onto the detention decision of its own accord. If the detention decision refers to that ground, the reference is as far as the sentence that was written. If there is no reference, the two paragraphs stay separate.

The ground paragraph

The ground is in the ground paragraph of the detention decision. The paragraph shows, in the sentences written into the decision, why the person was held. If there is no sentence, the ground is not treated as completed. Even if two texts resemble each other, each is read from its own paragraph. Resembling does not make the paragraph common. A common word does not join the grounds of the two steps. If there is more than one fact in the paragraph, each fact is left on its own line. This page does not complete the facts with a standard list. Possible headings of being held are not listed either. The ground is whatever it is.

A cause that is not written in the decision is not made a ground in this text. If a restriction code appears in the place of the ground, the meaning of the code is in the sentence of the decision. A code table is not written here either. How the abbreviation is read is left to the article on a restriction code. This page does not open that table, and it does not produce a cause of being held from the code. If the code and the sentence conflict, both are left. The conflict is not closed by choosing one line.

If the ground paragraph and the result part conflict, both are left as they are. Which sentence the step is based on is seen once the full text in hand is standing. If there is no full text, the conflict is not treated as resolved either. A summary screen may not be the whole of the paragraph. The summary can hide a missing sentence. The hidden sentence is not guessed from here. If a translation note is standing, the note is read together with the paragraph. If there is no note, an oral translation is not counted as the ground.

The period line

If the period is written on the period line of the decision, it is read from there. The line can carry a start and an end. The value it carries belongs to that decision. This article does not announce a count of the period. The frame of the Act is in the text of the Law on Foreigners and International Protection No. 6458. The number is read from the line in hand. It is not memorised from this page. The period in another foreigner’s decision is not pasted onto this file. The end date of the neighbouring file is not made the end of this decision.

If a change of the period is a separate decision, or a separate line, that line is read from its own text. The period in the first decision is not put in place of the later writing. If there is no later writing, the period is not treated as having lengthened or shortened of its own accord. If the end line is empty, this text does not produce an end date. If the start line is empty, from which moment being held is counted is not announced either. If both lines are filled, both are left in their own places. One is not added to the other. A date in the removal decision is not read as the end of the detention period. If there are two dates, both stay on their own papers.

The period line can stand on the last page of the decision, and the ground on the previous page. The separation of pages does not make the two lines a single sentence. If the last page is missing, the ground on the previous page is not treated as having completed the period. If the previous page is missing, the period line does not write the cause of its own accord. If the signature block stands under the period line, the block is part of the period. If the block is empty, the gap does not erase the period. The gap does not mean the text was completed either. If the decision writes a number of copies, what is written is read. If it does not write one, a number of copies is not chosen from here. If the period line of the copy with the person and the copy with the attorney differ, the copy that has a service record is taken as the basis. If there is no record, the two lines are left side by side.

The line of the place of being held

If the decision writes where the person will be held, the place is on that line. If the line gives a centre name, the name is read in the form it appears in the decision. If there is no name, this article does not invent a centre name. The record of the rights inside the centre is a separate subject, and it sits in the article on rights in a removal centre. This page does not write that record, the attorney line, or the note of a relative again. The place line is not read as if a right had been used either. Even if the rights line is filled, the sentence of the place line does not change.

The place of being held and the place where service was made can be mixed. Service shows to whom, and with which record, the decision was delivered. The place line shows where the being held is. If the two are not the same sentence, both are left on their own lines. If the person was later taken to another place, the taking is read only if it stands in a writing or in a record. An oral place name is not a place of being held while there is no decision line. If the record mentions the old place line, the sentence that is mentioned is taken as the basis. If it does not mention it, the old line is not changed as a new place.

A decision of police custody, or of detention on remand, in a criminal investigation is not this administrative detention text. This article does not tell criminal procedure. A judicial paper is not made the period line of the administrative detention decision. If the judicial paper and the administrative decision stand in the same folder, the headings separate them. The ground of one is not pasted onto the other. If the administrative decision refers to the judicial paper, the reference is as far as it was written.

An oral account, and a missing copy

A period said on the telephone, or at the door, is not the decision line. A ground that was said does not take the place of the paragraph either. If the photocopy of the copy given to the person is missing, a missing page is not counted as the full text. The period and the ground are not accepted as completed before the full text is seen. Service made on the attorney is read from the attorney record. If there is no record, a moment treated as served is not chosen from here. A summary told to a relative is not put in place of the copy of the decision. If the summary and the full text conflict, the side that is read is the full text. If there is no full text, the summary is not treated as having completed the ground.

If there is more than one copy, each copy is read from its own date. The period on the old copy is not put in place of the period on the new copy. If the new copy refers to the old decision, the reference is as far as the sentence that was written. If the signature line is empty, the gap does not mean there is no decision. The gap does not mean the text was completed either. The cause and the period of being held are not announced with a missing copy.

Permit refusals are not a ground of detention

A residence permit not being extended is not the period line of the detention decision. Refusal of a work permit does not carry the ground of being held either. A permit writing does not write, of its own accord, why the person was held. If the detention decision refers to the permit writing, the reference is as far as it appears in the detention text. If there is no reference, the two steps stay separate. The end date of the permit card is not made the start of the detention period. The card standing in hand does not erase the detention paragraph.

If these writings are mixed, a result that is not in the file is born. The frame sits on the international law page. Before a copy of the decision stands, it cannot be said which line is the basis. Once the copy stands, what is read is the ground paragraph and the period line. This page does not tie every being held to the same cause. Leaving the centre is not described either.

Conclusion

Administrative detention is not the removal decision itself. The place that is read is the ground line and the period line in the decision. A count of the period is not frozen in this text. If the place of being held is written in the decision, it is on that line. Leaving the centre is not described. The record of rights, and the objection petition, are in separate articles.

Legislation

Frequently asked questions

Is administrative detention a removal decision?

Detention is about being held. A removal decision relates to the removal of a person who is in the country. Even if the two are in the same file, they are read from separate paragraphs. If there is a detention decision and no copy of removal, a result of removal is not built from this page. The reverse is also true: a removal decision does not write a result of being held of its own accord.

Is the number on the period line fixed on this page?

It is not fixed. If the period is written on the period line of the decision, it is read from there. If the line is empty, an end date is not produced. The period in another person’s decision is not pasted onto this file. If there is no later writing, the period is not treated as having lengthened or shortened of its own accord.

Is the ground learned orally?

The ground is in the ground paragraph of the decision. An oral account is not a ground while there is no paragraph. A cause that is not written in the paragraph is not added. A screen summary may not be the whole of the paragraph. The cause of being held is not treated as completed before the full text is seen.

How is the place of being held understood?

If the decision writes a place, the place is on that line. If it does not write a name, a centre name is not invented. The record of rights is read separately from this place line. If the place where service was made and the place where being held is written are not the same sentence, both are left on their own lines.

Does this article tell how to leave the centre?

The article tells how the ground line and the period line are read. There is no method of leaving. That the rights line is filled is not a route of leaving either. Whether detention has ended is read from the decision’s own paragraph and, if there is one, from the later writing.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Private international law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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