1.Introduction

An Inadmissible Passenger (commonly referred to as “INAD”) is a person who is denied entry into a country by border authorities, despite arriving with the intention to enter. In Turkey, the treatment and handling of INAD passengers are governed by national legislation, international agreements, and administrative regulations. This article aims to provide a detailed legal overview of how Turkish law approaches the matter, with a focus on foreign nationals refused entry at Turkish borders, the responsibilities of airlines, and the legal remedies available to affected individuals.

2.What is an INAD Passenger?

An INAD passenger is defined as a person who:

• Arrives in Turkey but is refused entry by the border authorities (usually the Passport Police), or
• Fails to meet the entry conditions set forth under Turkish immigration law, such as:
  • Invalid or fake travel documents
  • Lack of a valid visa (if applicable)
  • Being listed in the foreigners’ entry ban list
  • Failure to justify the purpose of visit
  • Posing a threat to public order, health, or security

Once a person is declared INAD, they are not allowed to proceed beyond the international transit area of the airport and must be returned to their country of origin or a third country.

3.Procedures at the Border

When a passenger is declared INAD:

• A report is drafted by border officials, stating the reasons for denial.
• The passenger is held in the transit area of the airport, usually under supervision.
• The airline that brought the passenger to Turkey is officially notified and obliged to return the person to their point of departure or another acceptable destination.
• Temporary accommodation and food during the waiting period are generally the responsibility of the airline.

4.Responsibilities of Airlines

Under Turkish Civil Aviation Law and ICAO standards:

• Airlines must check the entry documentation of passengers before boarding them.
• If a passenger is found inadmissible, the airline bears the responsibility for their removal (deportation expenses, accommodation, etc.).
• Airlines may be subject to administrative fines by Turkish authorities if they fail to comply with these responsibilities.

5.Legal Remedies for INAD Passengers

While being declared INAD is an administrative action, affected passengers may have limited legal remedies:

• Objection to the Entry Ban or Administrative Action:
  The passenger may file an objection before the administrative court (within 60 days from notification of the action) under Article 7 of the Administrative Procedure Law.
• Legal Assistance:
  INAD passengers have the right to contact a lawyer, their consulate, or family members.

It is important to note that legal challenges do not necessarily suspend removal unless a stay of execution is granted by the court.

6. Conclusion

The INAD process in Turkey is a delicate intersection of border security, international aviation obligations, and fundamental human rights. While the state has the sovereign right to control its borders, passengers also have rights that must be safeguarded. At Eker Law Firm, we provide expert legal support to clients who have been declared INAD, including emergency representation, asylum applications, and appeals against administrative decisions.