The Application of Domestic Legal Standards in Citizenship Cases Before Turkish Administrative Courts

Introduction

Many foreign investors are interested in investing in Turkey and getting citizenship. But despite the high level of investment, when an application is rejected, foreign citizens can have an opportunity to apply a judicial review on the rejection decision. The present article will shed light on the application of domestic legal standards in citizenship cases before Turkish Administrative Courts.

For more information about the administrative cases, take a look at our page Administrative Law

What is the main mission of Administrative Courts in Turkey?

Under Article 10 of the Constitution, state organs and administrative authorities are under a constitutional obligation to observe the principle of equality before the law in all their actions and decisions. It should first be noted that administrative courts are specifically designed to adjudicate disputes between individuals and administrative authorities. Accordingly, administrative acts and actions are generally open to judicial review before the administrative judiciary in Türkiye. Therefore, any foreign individual may fill out a petition before Administrative Courts after the rejection decision of the Ministry of Interior for any citizenship applications.

How to lodge a valid petition for an administrative case?

In accordance with Article 125 of the Turkish Constitution, recourse to judicial review shall be available against all actions and acts of administration. The time limit to file a lawsuit against an administrative act begins from the date of written notification of the act under the same article.

What is more, every single foreigner has a right of petition before relevant competent authorities. Indeed according to Article 74 of the Turkish Constitution, citizens and foreigners resident in Turkey, with the condition of observing the principle of reciprocity, have the right

to apply in writing to the competent authorities and to the Grand National Assembly of Turkey with regard to the requests and complaints concerning themselves or the public.

Recent Position of the Administrative Courts for Rejection Decisions on Citizenship Applications

That part of the article will analyze founding principles and standards applicable to the citizenship rejection cases by administrative court in the light of the Ankara Administrative Court and dated December 7, 2025 and numbered E. 2025/794 K. 2025/1811. The present case concerns a Jordanian national seeking to acquire Turkish citizenship through marriage. The application was rejected by the Directorate General of Population and Citizenship Affairs of the Ministry of Interior based on public order and public security. Following this decision, the applicant lodged an administrative objection before the Ankara 24th  Administrative Court.

What is the evaluation of the Court for the merits of the case?

The Court made an embracing analysis of the relevant regulations at the beginning. In this context, the legal framework governing the dispute is primarily based on Articles 10 and 16 of the Turkish Citizenship Law No. 5901, as well as the relevant provisions of the Regulation on the Implementation of the Turkish Citizenship Law. Under Article 16 of the Law, a foreign national who has been married to a Turkish citizen for at least three years and whose marriage is ongoing may apply for Turkish citizenship, provided that certain conditions are met. These conditions include living within the family union, refraining from activities incompatible with the marital union, and not posing any threat to national security or public order.

The Court further stresses that According to the Regulation, authorities must conduct a detailed investigation into the applicant’s circumstances, including a security inquiry, an examination of whether the marriage is genuine, and an interview process conducted by the relevant commission. These procedures are designed to assess whether the marriage was entered into solely for the purpose of obtaining Turkish citizenship and whether the applicant meets the statutory requirements.

The Application of Governing Rules to the Case

In the present case, the applicant married a Turkish citizen on 29 August 2020 and subsequently applied for Turkish citizenship through marriage. The investigation and interview reports prepared during the administrative process indicated that the marital union was genuine, that the couple continued to live together within the family unit, and that the applicant had not engaged in any activity incompatible with the marriage. Despite these findings, the administration rejected the application on the grounds that the applicant was allegedly considered to pose a risk in terms of national security and public order.

Conclusion of the Court

However, upon judicial review, it was determined that neither the applicant nor the spouse had any ongoing criminal investigation or prosecution recorded in the UYAP judicial system, and the administration failed to present any concrete evidence supporting its claim regarding national security concerns. In light of these circumstances, the court concluded that the administrative decision rejecting the citizenship application lacked legal justification and was therefore unlawful.

Besides, this conclusion is consistent with the case law of the Ankara Regional Administrative Court, 10th Administrative Litigation Chamber, which has previously held in its decision dated 7 July 2025 (E.2025/8466, K.2025/7275) that administrative authorities must substantiate allegations related to national security or public order with concrete and verifiable evidence when rejecting citizenship applications.

Conclusion

In the final analysis, according to the established case-law of the Turkish Administrative Courts, the rejection of any citizenship application should be based on concrete grounds and reasons. The aforementioned judgments can play a vital role upon understanding and absorbing the application of domestic legal standards in citizenship cases before Turkish Administrative Courts.