INAD YOLCU - FOREIGNERS WHO WILL NOT BE ALLOWED TO ENTER Türkiye

INAD PASSENGER (INADMISSIBLE PASSENGER)

            INAD means not allowing a passenger within the borders of the country. Passengers in such a situation are symbolized with the INAD passenger title. This aviation term appears at international airports. The INAD process is taken into action at airports, mostly in cases where the visa of the passenger who wants to enter the country is not valid or the passenger on a transit flight does not have a transit visa. If the passenger cannot show valid documents to the border control police at the international arrivals terminal, or if the documents he shows are deemed invalid, he faces the risk of being INAD.  In the case of an INAD passenger, the relevant police contact the airline company and send the passenger back to his country. In cases of INAD passenger cases where national and international civil aviation rules are effective, it is possible for the foreigner to seek his/her rights and operate an objection mechanism against the action taken against him/her in line with the legislation regarding the obligations of air carriers. As it is known, in cases where it is determined that an illegal action has been taken in both visa and passport procedures, states have the right to impose sanctions on airline companies in accordance with their existing laws, due to their sovereign powers. 

            Here, in general, the responsibility of air carriers comes to the fore. However, since the reason for the INAD passenger determination about the foreigner may be a previous adverse decision or restriction code within Türkiye; The foreigner also has the right to take legal action against such an administrative action taken against him. As a matter of fact, as explained below, it is possible that the person was previously deemed a 'foreigner who will not be allowed to enter Turkey' by an existing decision. 

                                  FOREIGNERS WHO WILL NOT BE ALLOWED TO ENTER Türkiye 

                                                                                                        NOT ACCEPTED. PASSENGER

         In the legislation of the Republic of Türkiye; Foreigners who are not allowed to enter Turkey within the scope of the Law on Foreigners and International Protection and its relevant regulations;  They are considered as "inadmissible passengers". The relevant decision is notified to both the foreigner and the carrier. With this notification, the rights of the foreigner and the objection mechanisms he can apply against the decision are also explained. 

            The conditions under which people will be considered unacceptable passengers are regulated in detail in our legislation. In accordance with the relevant regulations, 

- Those who do not have a passport, passport substitute document, visa or residence or work permit, and those who have obtained these documents or permits fraudulently or are understood to be fake,

- Those who do not have a passport or passport substitute document valid for at least sixty days from the end of the visa, visa exemption or residence permit period,

- Visa exemption, except for those who are granted a visa with the approval of the Minister upon deeming necessity. Even if they are within the scope of YUKK15. Those who are included in the scope of foreigners who will not be granted a visa in accordance with the article, namely; 

       - Those who do not have a passport or a passport substitute document valid for at least sixty days longer than the visa period they requested,

       - Those who are prohibited from entering Turkey, 

       - Those who are deemed to be dangerous in terms of public order or public security,

       - Those who have one of the diseases that are considered a threat to public health,

       - Those who have one of the diseases that are considered a threat to public health,

       - Those who have agreements to which the Republic of Turkey is a party. Accordingly, those who are accused or convicted of the crime or crimes that are the basis for extradition of criminals,

       - Those who do not have a valid health insurance covering the period of their stay,

       - Those who cannot justify their purpose of entering and passing through Turkey or staying in Turkey,

     - Those who do not have sufficient and regular financial means during the period of their stay,

       - Those who have a visa violation or previous Those who do not accept to pay the receivables arising from their residence permit or that need to be pursued and collected in accordance with the Law on the Collection Procedure of Public Receivables No. 6183 dated 21/7/1953 or those who do not accept to pay their debts and penalties pursued in accordance with the Turkish Penal Code No. 5237 dated 26/9/2004,

- Those who applied for international protection at the border gates and their applications with the final decision Rejected persons will be treated as inadmissible passengers. 

 Among the foreigners who are determined to be among the persons who will not be allowed to enter Turkey, those who are deemed to be dangerous in terms of public order or security, those who obtained the documents they will use to enter Turkey by fraudulent means, or those who are found to be subject to forgery, are immediately reported to the General Directorate.

                                           NOT ACCEPTABLE. PROCEDURES TO BE FOLLOWED AFTER PASSENGER DETECTION

         First of all, foreigners who will not be allowed to enter Turkey are kept in safe areas designated for them at the border gates until their procedures are completed. Subsequently; Foreigners who are determined to be among those who will not be allowed to enter Turkey, and unacceptable passengers who apply for international protection at the border gates and whose applications are rejected with the final decision about them, who are within the same scope, will be processed within the framework of the Regulation on Procedures and Principles Regarding the Obligations of Air Carriers published in the Official Gazette dated 7/11/2015 and numbered 29525, and other regulations to be issued within the scope of Article 98 of the Law. As a matter of fact, the detection of unacceptable passengers is mainly done in the regions where air carriers are responsible. Therefore, carriers are obliged to take the necessary measures by checking tickets and other passenger documents to prevent the transportation of unacceptable passengers, including ticket sales before the flight. For this reason, the necessary coordination is provided with the carrier for the departure of the unacceptable passenger from the country.

          The Ministry of Internal Affairs may notify the carriers of the entry ban records in cases where there is no harm in sharing them, within the framework of Article 99 of the Law on Foreigners and International Protection.

      On the other hand; The responsibilities of the passengers who go to third countries by using Turkish airports in transit but are not accepted by these countries and are brought back to our country's airports, and the carriers who directly bring the passenger who is not accepted to our country's airports are as follows:

a) The carrier that brings the passenger immediately initiates the procedures for sending the passenger to the country from which he came or to a third country where the passenger can be accepted in line with his consent, and concludes it within three days at the latest.

b) Carriers are responsible for taking back the rejected passengers, It is responsible for covering the food, accommodation and health expenses until the passenger is sent.

c) If the carrier certifies that neither it nor another carrier has a flight to the place where the passenger will be taken, or that the airspace of that country is closed to flights due to weather conditions, delay, cancellation or any other reason, the airport civil administrator provides the necessary convenience for the transfer of the passenger.

ç) Those who go to a third country by using Turkish airports as transit, but are not accepted by this country and are brought back to our country's airports. If passengers who cannot continue to their first exit point are deported by Türkiye, the expenses incurred will belong to the carrier.

                                       In terms of ensuring the security and accommodation of the rejected passenger;   The airport property management authority is responsible.

Accommodation of rejected passengers under appropriate conditions by the airport operator:

     The suitability of the accommodation places is decided by the airport property administration authority and these places are regularly inspected. Shelters must be adequately equipped to meet the human and basic needs and security requirements of the traveler. The passenger's luggage is kept under safekeeping by the carrier to be sent back to the destination, and the passenger is provided with access to his belongings, taking into account his needs.

Accompanying the rejected passenger during his travel:

    Risk assessment for the air travel of rejected passengers is carried out by the relevant civil administration authority. In the risk assessment, whether the passenger is wanted abroad and issues related to flight safety, as well as other judicial and/or administrative issues, are evaluated. A sufficient number of escorts are assigned from general law enforcement units for foreigners who are deemed to be at risk from traveling alone. The companion's departure and return expenses are covered by the carrier responsible for taking the passenger back. Necessary precautions are taken in accordance with the National Civil Aviation Security Program in the air travel of the rejected passenger.

Information about the rejected passenger:

    Before the rejected passenger is delivered to the aircraft, the captain is informed by the carrier. Before sending the rejected passenger abroad, a form developed by the airport civil administration in accordance with national and international legislation is filled out and delivered to the carrier to be forwarded to the official authorities of the country to which it will be sent. After the rejected passenger is sent back, the information and documents regarding the final delivery, including flights with intermediate stops, changing the landing place of the plane or turning the plane back, are forwarded by the carrier to the airport local authority.

Requesting passenger and vehicle information from carriers:

    The General Directorate requests from carriers that bring passengers to border gates, take passengers from border gates and operate domestic flights; may request passengers' API and PNR information to be shared through the communication module that provides instant data transfer before, during and after the flight. For this purpose, the General Directorate is obliged to prepare the infrastructure for the communication module that provides instant data transfer, and the carriers are obliged to ensure access to the requested information.

The scope of passenger, crew and vehicle information to be requested in accordance with international standards is determined by the General Directorate and notified to the carriers. The information collected cannot be used for purposes other than public order and national security. The General Directorate may share this information with relevant institutions within the country. In addition, the General Directorate decides on sharing this information with third countries, after taking the opinions of the relevant institutions.     

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