OBJECTION TO DENIAL OF CITIZENSHIP APPLICATION, CANCELLATION OF CITIZENSHIP APPLICATION
Why is a Citizenship Application Rejected? What are the Reasons for Rejection of Citizenship Application?
A negative result of the citizenship application may occur for various reasons. Turkish Citizenship Law No. 5901 clearly states the conditions and characteristics required to obtain Turkish citizenship. If the authorities conclude that the person who wants to acquire Turkish citizenship does not have any of these characteristics, his/her request will be rejected.
In this context, it would be useful to be fully familiar with the requirements for acquiring Turkish citizenship. This is because the main reason for rejecting the request is that the administration believes that the applicant does not fulfil one or more of these requirements.
There are three main criteria for acquiring Turkish citizenship, namely adoption, exercise of the right to vote and the decision of the competent authority. It is important to note, however, that even if a person fulfils all the requirements laid down by the Law, there is no guarantee that he or she will acquire Turkish citizenship once and for all. The competent Turkish authorities will make their decision by using their discretionary power after examining the applicant.
Can a re-application be made in case of rejection of the citizenship application?
A person who meets the requirements for Turkish citizenship can reapply if his/her previous citizenship application was rejected.
If you do not think that your rejected application is in accordance with the law, it will be more advantageous for you to first appeal the rejection of the application and apply for judicial remedies.
How Should the Citizenship Application be Evaluated by the Commission?
The Citizenship Application Review Commission is responsible for deciding whether the foreigner applying for Turkish Citizenship meets the appropriate conditions. In this review process, there are certain procedures and rules. Firstly, the applicant is interviewed by the Commission and issues such as whether he/she meets the requirements of the legislation, his/her ancestry, his/her ability to understand and speak Turkish, his/her profession and livelihood, and whether he/she will adapt to the social structure of Turkey are evaluated. At this stage, the Committee also checks whether the documents applied for are complete and complete. At the end of the interview, the Committee reaches a positive or negative decision, which is written on the interview form and signed.
For applicants who fulfil the necessary conditions, a citizenship file is prepared and then this file is forwarded to the Ministry for a decision. Applications that do not fulfil the requirements are rejected by the Ministry, while applications that fulfil the requirements of the legislation in full must be accepted.
What does it mean when the citizenship application is cancelled?
According to Article 24 of the Turkish Citizenship Law, if the person has made a false statement in his/her application or has concealed some information from the relevant authority, the application of the person may be cancelled by the Ministry of Interior as a result of the discovery of these situations.
On the other hand, the Council of State Board of Administrative Law Chambers concluded that although there was intelligence information about the plaintiffs regarding the acquisition of Turkish citizenship, the cancellation of the application by considering their declaration that they met the conditions for citizenship as a false statement was contrary to the law. As stated in the decision, in a lawsuit filed for the cancellation of the decision on the acquisition of Turkish citizenship by the plaintiffs, the subject matter of the lawsuit was that, as a result of the research and investigation conducted by the Undersecretariat of the National Intelligence Organisation, it was determined that the plaintiffs did not meet the necessary conditions to acquire Turkish citizenship. However, the decision also states that Turkish citizenship may be cancelled if the plaintiffs have made a false statement or concealed important grounds for acquiring Turkish citizenship, whereas the existence of a false statement or concealment of important grounds may not be sufficient for the cancellation of the decision to acquire Turkish citizenship. Finally, since it is concluded that the decision of the Council of Ministers subject to the lawsuit is unlawful, the plaintiff’s request for appeal should be accepted and the decision of the Chamber should be reversed.
Can the granted citizenship be cancelled afterwards?
The acquisition of citizenship is an administrative act. If the elements of the transaction are contrary to the law, the transaction can be cancelled by a separate cancellation procedure of the administration or by a court decision. However, for this, the process of granting citizenship must be unlawful and have sufficient grounds. Otherwise, the right to citizenship can be restored to the person by filing a lawsuit for the cancellation of the decision.
Can the acquired citizenship be cancelled due to national security and public order?
Although it is determined that the applicant does not pose any threat to national security and public order at the stage when the application is examined, it may be observed that the administration withdraws the decision to grant citizenship when a new indication or information on this issue emerges later.
While the administration may carry out the necessary legal proceedings for the cancellation of citizenship based on subsequent national security or public order concerns or file a complaint for the initiation of criminal proceedings, in our opinion, the cancellation of citizenship solely on this ground is not in accordance with the law. Judicial proceedings may be initiated.
Is the application made with the marriage union established for the purpose of acquiring citizenship accepted?
The administration may decide that the citizenship is cancelled on the grounds that “the marriage was forged”. Such decisions are usually based on the reason of “making a false statement”. A lawsuit can be filed for the cancellation of such decisions in court. In the lawsuit, the processes by which the administration determines that “the marriage is a forgery” will be examined in detail and whether these procedures are in compliance with the law will be evaluated.
What should be done if the citizenship application is rejected? Appeal and Litigation against the Rejection of Citizenship Application
If the application for naturalisation is rejected, there are two ways to proceed. The first one is to appeal to the administration and the other one is to file a lawsuit before the administrative judiciary. The foreigner whose citizenship application is rejected has a 60-day period to file a lawsuit as of the date the rejection is notified or learnt. If an objection is made to the administration within this period, the 60-day period to file a lawsuit will be suspended until the administration’s response. Otherwise, when the 60-day period is exceeded, the person applying for citizenship will not be able to file an objection and file a lawsuit due to the statute of limitations.
In case the citizenship application is rejected, it is recommended to work with a foreigners law lawyer, citizenship application lawyer or internationally experienced lawyer. This is a matter that requires expertise in this field. The guidance of a lawyer will be very useful to appeal against the administration and to follow the administrative litigation process. If your citizenship application is rejected, you can contact us to determine your road map in the most healthy and beneficial way.
How to Appeal Against the Rejection of Citizenship Application?
If the application for Turkish citizenship is rejected, the applicant has the right to appeal. The Directorate of Population and Citizenship Affairs is an official institution for citizenship applications and serves under the Ministry of Internal Affairs. People whose application for Turkish citizenship is rejected can follow two different ways against this decision.
One of them is that the applicant can exercise his/her right to appeal to the administration that made the application decision within the 60-day legal period. However, after the notification is made to the person, he/she can also file a cancellation lawsuit in administrative jurisdiction. If an action for cancellation is to be filed, the 60-day legal period from the date of notification must be complied with.
The person whose application for Turkish citizenship is rejected has the right to appeal this decision, this appeal process is called “administrative appeal”. The official units where citizenship applications are made and finalised are the directorates of population and citizenship affairs under the Ministry of Interior. The person who chooses the path of appeal can appeal to the authority that made the decision on his/her application, and the time limit for this appeal is 60 days. When an administrative appeal is lodged, the time limit for filing a lawsuit automatically stops. If the administrative authority does not respond within 30 days, the appeal is deemed rejected. In this case, the 60-day period, which is the person’s right to file a lawsuit, continues from where it left off.
Where to Appeal for the Rejection of Citizenship Application?
In order to appeal against the rejection of the citizenship application, an objection should be made to the Ministry of Interior within the legal periods by using the right of petition.
In this process, it is very important to get professional support for the process to proceed in a healthy way. You can contact us for more detailed information or to get professional support during the process.
What is the Cancellation Case for the Rejection of Citizenship Application?
A person whose application for Turkish Citizenship is rejected can directly file a cancellation lawsuit at the Administrative Court instead of appealing. In this case, the foreign person can file a lawsuit to cancel the relevant rejection decision within 60 days from the date of notification of the rejection decision. The lawsuit for the rejection of the citizenship application is a lawsuit for the cancellation of an administrative act. Therefore, through this lawsuit, the rejection decision of the citizenship application, which is claimed to be unlawful, can be cancelled retrospectively.
Against whom can the lawsuit for the cancellation of the rejection of the citizenship application be filed?
The determination of whether foreigners who want to obtain Turkish citizenship fulfil the application requirements is carried out by the Citizenship Application Review Commission established in the relevant province. Among the foreigners who want to obtain Turkish citizenship, a citizenship file is prepared for those who meet the application requirements and forwarded to the Ministry of Interior for a decision. As a result of the examination and research carried out by the Ministry of Interior, those who are deemed eligible may acquire Turkish citizenship with the decision of the Ministry, while the applications of those who are not deemed eligible are rejected by the Ministry of Interior.
Therefore, the lawsuit to be filed against the rejection of the citizenship application will be filed in the Administrative Court against the Ministry of Interior.
Which Court to File a Lawsuit for Rejection of Citizenship Application?
Citizenship applications are decided by the Ministry of Interior. Therefore, the cancellation lawsuit to be filed against the rejection of the application must be filed in Ankara Administrative Court.
What is the statute of limitations for objection and cancellation of citizenship application?
Basically, if the person whose application has been rejected has applied for an appeal before filing a direct cancellation lawsuit, the statute of limitations will be calculated as 60 days from the notification of the rejection decision. Therefore, a lawsuit must be filed within 60 days from the date of rejection of the citizenship application. Cases not filed within this period will be automatically rejected by the judge.
However, if the applicant whose citizenship application has been rejected has first lodged an objection, the statute of limitations will be suspended for 30 days from the date of the objection. If the administration fails to respond within the 30-day response period, the appeal will be deemed rejected and the 60-day period for filing a lawsuit will start again.
In addition, if the administration notifies that the objection is rejected within the 30-day response period, the 60-day period for filing a lawsuit will continue to run from the date the response is notified to the applicant.
Is it obligatory to appeal to the administration without filing a lawsuit in case of rejection of the citizenship application?
No, it is not. The rejection decision in question can be appealed within the 60-day period or a cancellation lawsuit can be filed directly. The objection will stop the 60-day period.
