Navigating the complexities of immigration laws can be challenging, especially if you’re not familiar with legal jargon. That’s why I’ve taken the liberty to provide a simpler explanation of the deportation process as outlined in Turkey’s Law on Foreigners and International Protection (LFIP) 6458, specifically sections 52 through 60.
When Can Someone Be Deported?
The LFIP gives the governor’s office the power to issue a deportation order. The decision has to be made within 48 hours and only for specific reasons listed in Article 54.
Who can be deported? Well, the following people may be deported based on Article 54:
- Those who violate Article 59 of Law 5237, participants in terrorist or criminal organizations, those who provide false information for visa and residence permit applications, those who earn their living unlawfully, or anyone considered a threat to public order, safety, or health.
- Anyone who overstays their visa by more than ten days, has their residence permit canceled, or works without a work permit.
- Those who violate Turkey’s entry or exit rules or have a ban on entry to Turkey but still come.
- Those whose international protection applications are rejected or withdrawn, or whose international protection status is ended or revoked, and do not have the right to stay in Turkey according to other provisions of Law 6458.
- Those linked to terrorist organizations identified by international institutions and organizations.
Moreover, an asylum seeker or a person with international protection status suspected of falling under the scope of Article 54 can be deported at any stage of international protection procedures.
Who Cannot Be Deported?
There are, however, exemptions to this rule. Certain individuals are protected from deportation even if they fall under the scope of Article 54:
- Individuals who could be exposed to torture, inhumane or degrading treatment or punishment, or the death penalty in the country to which they would be deported.
- Individuals who have serious health problems, or are at an old age or pregnant, thus making it risky for them to travel.
- Human trafficking victims benefiting from victim support processes.
- Victims of psychological, physical, or sexual violence, until their treatments are completed.
Each case is evaluated separately and such individuals may be granted a humanitarian residence permit.
Challenging a Deportation Decision
Upon receiving a deportation order, the individual or their legal representative or lawyer is informed about the decision, its consequences, and ways to appeal.
The foreigner, or their legal representative or lawyer, can apply to the administrative court against the deportation decision within seven days from the date of notification of the decision. The individual applying to the court also notifies the authority that issued the deportation decision of their application.
The court must conclude the application within fifteen days, and the decision is final (It usually takes way more than that). The individual cannot be deported until the lawsuit is finalized, unless they consent.
Please check for more information from here: My residence permit application was rejected, how should I proceed? Can I apply again?
Invitation to Leave Turkey
Those who are given a deportation order may be given a period of fifteen to thirty days to voluntarily leave the country. If they do leave within this period, an entry ban may not be imposed on them. However, those who fail to leave the country within the given period are placed under administrative supervision. Certain individuals, such as those posing a risk of escape or those posing a threat to public order, safety, or health, are not given this option.
Administrative Supervision and Duration
Under certain conditions, such as risk of escape, violation of entry or exit rules, use of false or invalid documents, and posing a threat to public order, safety, or health, individuals can be placed under administrative supervision in Removal Centers.
This period cannot exceed six months but can be extended by another six months if the individual fails to cooperate or provide accurate information or documents about their country. The necessity of administrative supervision is reviewed by the governor’s office every thirty days to determine the continued need for it. The person under administrative supervision is required to report at scheduled intervals and is bound by certain restrictions, including limitation on their movement to a specific area.
If the individual does not comply with the conditions set out for administrative supervision or obstructs the execution of the deportation order, detention may be resorted to. However, detention is always considered a last resort and is only applied if less coercive measures are insufficient.
The detention period can’t exceed 48 hours from the time of the deportation order’s issuance. However, this period can be extended by a judge for a maximum of two months in exceptional circumstances, such as if the person poses a significant public safety risk, or if there’s a strong suspicion that they will escape. The detention can be extended up to six months, and in some extreme cases, to a maximum of twelve months, if the deportation process is hindered due to the individual’s lack of cooperation.
Legal Aid and Support
Throughout the deportation process, the individual has the right to legal counsel and an interpreter. The Directorate General of Migration Management provides information and support in relation to legal aid services, notifying them of their rights, obligations, and the procedures and principles regarding the deportation process.
Return to the Country of Origin
If all attempts at deportation fail due to various circumstances such as the individual’s country of origin refusing to accept them, Turkey can consider issuing a temporary residence permit until a solution is found. This is decided on a case-by-case basis and is subjected to a careful review process.
Remember that this is a complex process and having a legal representative can help navigate these challenges more effectively. The aim is always to uphold human rights and respect for personal dignity throughout the process.
Remember, this is a simplified breakdown and may not cover all complexities or specific scenarios related to the deportation process in Turkey. For more specific advice, please contact us.