Can someone with a travel ban obtain a passport?

A travel ban a form of judicial control measure (Article 109 of the Code of Criminal Procedure) that directly restricts a person's freedom of movement. This decision a court or magistrate and communicated to the relevant institutions. The natural consequence of this decision is that the person is prevented from obtaining a passport.

1) From the Perspective of Passport Law

• According to Article 22 of the Passport Law No. 5682 , passports are not issued to individuals who have been prohibited from leaving the country by a court or judge .

• If the person already possesses a passport, the relevant passport office will either add a note to the passport or confiscate it.

 Therefore, as long as the ban remains in effect, passport applications cannot be submitted or will be rejected.

Article 22 – (Amended: 28/5/1988 – 3463/3 art.)

to those whose departure abroad is prohibited by the courts, (...)and to those whose affiliation, connection or contact with terrorist organizations is determined by the Ministry of Interior, and who are the founders or managers of, or work in, any educational, training and health institutions, foundations, associations or companies abroad. However, in exceptional circumstances, passports or travel documents replacing passports may be issued to those other than those whose departure abroad is prohibited by the courts, with the approval of the President.

In this case, the full names of those affected (name, surname, place and date of birth, mother's and father's names, and place of registration) and the reason for the restriction are reported by the relevant departments to the local police authorities.

The relevant police authorities, upon receiving this information, immediately notify the border police departments, the police department of the province where the person is registered, and the General Directorate of Security through the fastest means of communication via the provincial police department to which they are affiliated.     

Their departure from the country is prevented, and they are not issued passports or documents; if they have been issued, they are confiscated.

Those who are prohibited from leaving the country or whose continued stay abroad is deemed detrimental to public security by the authorities mentioned in the first paragraph will not have their expired passports renewed; instead, they will be issued a travel document to return to Türkiye.

Those who have lost their passports or passport-equivalent documents without a justifiable reason, as well as those who have been deported from their countries, may be denied a passport or passport, taking into account the reasons for their expulsion.

2) The Direct Effect of the Judicial Control Decision

• A travel ban imposed as part of judicial supervision prevents a person from traveling abroad, as well as from obtaining a passport.

• This ban is not an administrative decision; it is a direct judicial decision , therefore the passport office is bound by it.

3) Appeal and Removal Procedures

• To obtain a passport, a person must first apply to have their travel ban lifted

• This application:

  • During the investigation phase: To the Magistrates' Court,

  • During the prosecution phase: The application is made to the court handling the case.

• Once the decision is overturned, the passport office is informed, and the individual can apply for a passport.

4) Special Circumstances (Temporary Leave)

• In exceptional circumstances (medical treatment, education, job interview, international tournament, conference, etc.), a temporary suspension/permission may be requested from the court.

• If the court deems it appropriate, it becomes possible to use a temporary passport only for a specific date and country.

5) Conclusion

• A person who is subject to a travel ban cannot obtain a passport for the duration of the ban.

• The current passport will also be temporarily blocked by the passport office.

• To obtain a passport, the ban must first lifted completely or only temporarily .

                                                                                                                                               Ada Ceren KENDİGELEN