Three decisions, three routes
In foreigners' law there is no single procedure for challenging a decision. The forum, the time limit and the moment at which the outcome becomes final all differ according to the decision. For the three types most often encountered in practice, the routes are entirely separate.
A deportation decision goes to the administrative court, whose judgment is final. An administrative detention decision goes to the magistrate in criminal matters, whose decision is final. The refusal, non-renewal or cancellation of a residence permit follows the ordinary administrative route: the administrative court, then appeal.
It is this third group that law no. 7589 changed. What follows sets out the existing routes first, then the effect of the amendment.
Deportation: seven days, a single tier
Under article 53 of law no. 6458, the foreign national, their legal representative or their lawyer may apply to the administrative court within seven days of service of a deportation decision. The applicant also notifies the authority that issued the decision.
The decision is served with reasons on the foreign national, their legal representative or their lawyer. Where the foreign national is not represented by a lawyer, they are informed of the outcome, the procedures for challenge and the time limits.
The court concludes the application within fifteen days of the file being completed, or of the completion of any interim decision or hearing required. Whether to hold a hearing is a matter for the court.
The critical point is this: the court's decision on this matter is final. There is no appeal, ordinary or to the Council of State; the process ends at a single tier. The content of the application made within those seven days is therefore decisive.
Administrative detention: the magistrate in criminal matters
A decision to detain in a removal centre follows a separate route. Under article 57 of law no. 6458, the person detained, their legal representative or their lawyer may apply to the magistrate in criminal matters.
The article states expressly that the application does not suspend the detention. Where the petition is submitted to the administration, it is transmitted immediately to the competent magistrate.
The magistrate concludes the examination within five days and the decision is final. A fresh application may also be made on the ground that the conditions for detention have ceased or changed.
It should not be overlooked that the detention decision and the deportation decision go to different forums; the two often appear in the same file and require two separate applications.
Residence permit decisions: the ordinary administrative route
A decision refusing, declining to renew or cancelling a residence permit is served on the foreign national, their legal representative or their lawyer. The law provides that the notification is to set out how the foreign national may effectively exercise their rights of challenge, together with their other rights and obligations in the process.
Law no. 6458 lays down no special period or forum for these decisions of the kind it provides for deportation. The general rule therefore applies: an action for annulment is brought before the administrative court within sixty days of written notification.
An appeal lies against the first-instance judgment, heard by the regional administrative court. It is what follows that stage which law no. 7589 changed.
Law no. 7589: the appeal in foreigners' cases is closed
Article 6 of law no. 7589 added a second paragraph to article 46 of the Code of Administrative Procedure, governing what may be done where the regional administrative court sets aside the first-instance judgment and gives a fresh judgment.
As a rule such judgments may be appealed to the Council of State within thirty days of service. The paragraph lists six exceptions, and one bears directly on this field: cases arising from the application of law no. 6458 on Foreigners and International Protection.
In those cases no appeal lies, even where the regional administrative court has set the judgment aside and given a fresh one. Administrative cases arising in foreigners' law now become final at the appellate stage.
The same paragraph also excludes cases heard by a single judge. Given that law no. 7589 raised the single-judge threshold to TRY 486,000, low-value files such as administrative fines will also fall within that exclusion.
The transitional rule is clear: the change applies to judgments given by regional administrative courts after the date of entry into force. The former provisions continue to govern judgments given before that date.
The practical effect: weight has shifted to first instance
The resulting picture is that in a dispute arising in foreigners' law the judicial route ends at the appellate stage at the latest. Deportation and detention decisions were already subject to single-tier review; the appeal has now closed for residence permit decisions too.
In practice this makes the first-instance stage decisive. There is no longer a higher tier at which an unlawfulness not pleaded, or a document not filed, can be made good.
The second practical consequence concerns time limits: seven days for a deportation decision, sixty days for residence permit decisions, and for detention an application available while the detention continues. Confusing these leads directly to loss of rights.
The third is the application for a stay of execution. As the route of challenge has narrowed, the reasoning of that application at first instance matters more than before.
For details of residence permit types and the application process, see our residence permit article; for our work in this field, our foreigners' law page.
Which court applies in Antalya?
Administrative actions in files arising in Antalya are brought before the Antalya Administrative Courts, with appellate review by the Antalya Regional Administrative Court.
Applications against administrative detention decisions are made to the magistrates in criminal matters. As the districts of Kepez, Muratpaşa and Konyaaltı have no separate courthouse, all applications proceed through the Antalya Courthouse.
As to supporting documents, the notification of the refusal or cancellation, the e-ikamet application records, the passport and entry-exit records, health insurance and documents evidencing the purpose of stay form the basis of the file. Documentary proof of the date of service forestalls any argument about time limits.
Resources
- Law no. 6458 on Foreigners and International Protection, art. 53 (deportation decision) and art. 57 (administrative detention) — mevzuat.gov.tr
- Code of Administrative Procedure no. 2577, art. 46 (as amended by article 6 of law no. 7589)
- Law no. 7589 on Amendments to Certain Laws for the Effective and Efficient Functioning of the Judiciary — Official Gazette of 31 July 2026, issue 33326
You can access the current versions of legal texts via mevzuat.gov.tr.