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Entry ban to Turkey

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2023
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Abstract (EN)

Entry ban decisions are one of the projections of the states' sovereign authority over the entry and presence of foreigners in their country and one of the tools of immigration control. These decisions include public interests on one side and individual interests of foreigners on the other side. The first part of the study includes explanations about the practice of the authority to ban foreigners from entering the country in accordance with international law and human rights law. In Article 9 of the Law No. 6458 on Foreigners and International Protection (LFIP), titled "Entry Ban to Turkey", and in the Regulation on the Implementation of the LFIP, the reasons for the entry ban, the exceptional cases in which the ban decision may not be issued, the duration of prohibitions, the procedures and principles to be followed in the implementation of the process, and prior authorization decision has been regulated. In 2019 by Law No. 7196, several amendments to this provision were made. In the second part of the study, positive regulations and amendments in Turkish law are explained, and evaluations regarding the current state of implementation are presented. Throughout the study, it has been determined in the examined court decisions that entry bans to Turkey are based on 'restriction codes'. In this context, the compliance of the legal regulations regarding the entry ban and the situation in practice, including the restriction codes, with the international law explained in the first section was analyzed and the legal control of the transactions in question was discussed. Furthermore, solution proposals have been put forward to the identified issues with a perspective that advocates the principles of the rule of law and the protection of human rights. Keywords: Entry Ban to Turkey, Restriction Code, Sovereign Authority, Fundamental Rights and Freedoms, Law on Foreigners, and International Protection.

Author

Müşerref Gülsüm Özdemir

How to Cite

Müşerref Gülsüm Özdemir (Master Thesis). Entry ban to Turkey, 2023, TOBB Economics and Technology University.

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