FACTS:

  • The Master, who is a Syrian citizen, was taken into custody after disembarking with the law enforcement officers due to a collision incident in Bosphorus Strait and arrested two days after the date of the incident. During the prosecution phase, the Master was found faulty due to his professional liability, and it was decided to be sentenced to 6 years and eight months in prison. As a result of the amendments, which have been made to the Code numbered 7242, the Master stayed detained for 240 days. On the date of the evacuation, the relevant Governorate decided to deport the Master according to Article 54/1-d of Code on Foreigners, and International Protection, numbered 6458. On the grounds that the Master, who had the opportunity to repatriate after 135 days due to the Covid-19 pandemic, which also continues to impact the world today, violated the period of legal stay, an administrative fine and an entry ban for five years were imposed with the code of C-105 against him. In order to accomplish repatriation, the Master had to pay the administrative fine and was faced with an entry ban.

THE COURT'S RULING:

  • Although it was understood that an administrative fine was issued against the Master regarding a visa violation, it has been regulated in Article 6/b-5 of the Circular on Restriction Codes issued by the Presidency of Migration Management that "those who violate a visa, visa exemption, work permit or residence permit for more than three years will be imposed restriction with the Code of C-105, which banned them from entering the country for five years."
  • Considering the article mentioned above, the Istanbul 1st Administrative Court cancelled the restriction with the Code of C-105 and the administrative fine imposed against the Master on the grounds that a violation of a visa, work permit or residence permit has not been detected and a deportation decision has not been made regarding these matters.

CONCLUSION:

  • It is seen that administrative fines and entry bans are imposed on the grounds of a visa violation against foreign seafarers who are necessarily in Turkey due to the penalties imposed as a result of a judicial investigation or prosecution. It is possible to file an annulment action before the Administrative Courts against the administrative sanctions, which were unlawfully established, similar to this case.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.