Unauthorized and Uninformed Individuals Writing Petitions Cause Harm
Introduction
Globalization and increasing migration movements have significantly raised the number of foreign nationals living in different countries. Turkey, heavily impacted by these migration trends, has seen a growing number of foreign nationals residing within its borders, who often face various legal and social challenges.
The purpose of this article is to summarize the stories of foreigners who have been defrauded and whose applications have been rejected, and to outline the necessary actions to be taken.
Applications to the Directorate General of Migration Management and Legal Procedures
The official processes for foreign nationals in Turkey are managed through the Directorate General of Migration Management. The correct submission of applications, following up on missing documents, and the legal processes that follow the authority’s responses determine the fate of the foreigner. However, complexities and information gaps in the application processes have made foreigners targets for fraudsters. Particularly, those who do not speak the language or are illiterate find it difficult to navigate the specificities of Law No. 6458 and its regulations.
Many foreigners who apply to the Directorate General of Migration Management start searching for a way out when they learn that their applications have been rejected. When they consult friends who have received their identity documents, they realize that they need to file a lawsuit.
At this stage, some malicious individuals step in, confusing the foreigners and attempting to exploit them. They direct foreigners to have petitions written for high fees. These individuals can be likened to unauthorized parking attendants. They operate without any legal basis, handle cash transactions, demand high fees for mediocre work, have weak legal knowledge, do not stand by their work, and sell false hopes.
Victimization Following Misguided Direction
Fraudsters or commission agents seeking a quick buck lay in wait around the migration management offices, targeting foreign nationals when they see their documents. Approaching under the guise of offering help, the commission agents provide misleading information and suggest that a petition needs to be written.
Often, the place they direct them to is not a law office. Foreign nationals are often sent to irrelevant places such as insurance agencies, petition writers, or real estate offices.
The petitions written are typically flawed in both form and substance, consisting of one-page templates. The same petition is given to everyone without considering the unique story of each foreigner. The foreigner is not even asked about their story. The only questions asked are for identification details and the date and number of the rejection decision from the migration authority.
A legal proceeding in court is like a battle played out with cards; every reason must have a concrete document and basis, and it must also be anchored to a legal provision. Failing to mention the story of a person who fought as a soldier against the Taliban or worked for an American company, despite having the documents and identity to prove it, and instead filling out a plain page stating “the decision should be annulled,” is akin to self-sabotage. During the trial, it is necessary to specify, list, and compare the elements of the individual’s story that were not considered against the alleged illegal action, and assess the legal inconsistencies.
Review and Follow-Up of the Authority’s Response and Attached Documents in Court
Merely filing a lawsuit is not sufficient; even if the world’s best petition is written, prepared by the most competent lawyers, and crafted with great thought, the details provided by the Directorate General of Migration Management in response to the court about the case are of critical importance. The Migration Management may have missed a deadline specified by law or improperly organized the documents. A non-certified translator signing documents or an unauthorized staff member issuing a decision could directly be grounds to win the case.
However, it is crucial that these situations are carefully monitored and presented to the court. Otherwise, due to workload, a rightful foreigner could be wrongfully disadvantaged and miss the necessary appeals.
What Should a Foreign National Do if Their Application Is Rejected?
A Lawyer Specializing in Immigration Law Should Write the Petition or Be Consulted
When a foreign national has their petition written through a lawyer, the lawyer fully defends their client’s rights and submits a personalized petition. The lawyer asks questions to the foreigner, identifies any overlooked points, and ensures these are included in the petition.
Each individual’s situation is different, and legal processes must be conducted uniquely. Details such as the date of entry into the country, previous applications, and reasons for rejection should all be meticulously examined. Applications made due to humanitarian residence, torture or persecution, health issues, and similar reasons should be evaluated by expert lawyers, and the appropriate type of application should be made in accordance with the regulations. The foreigner should be properly informed about the potential processes after the application.
Conclusion and Recommendations
The individuals mentioned in the article are various tradespeople with no knowledge of immigration law or relevance to the sector. Migrant advisory offices and reputable service providers do not exploit foreigners. These firms already have regularly working lawyers.
To prevent such problems, the state should prepare informative brochures for migration management offices. These brochures should emphasize that petitions should not be prepared by non-lawyers, and these should be posted around the institutions. Additionally, these advisories should be communicated to a wider audience through public service announcements and visual content. Foreigners should be encouraged to work with lawyers specializing in immigration law and seek detailed information and support from associations.
References
This article was prepared using various legal sources, the experiences of foreign nationals, and anecdotes based on cases filed with unacceptable petitions.
