How to Remove Deport in Turkey in 2024?

admin·06/09/2022·Legal, Residence Permit, Visa·4 min·

Deportation, also known as "sınır dışı etme" in Turkish, refers to an administrative process requiring foreigners without the right to stay in Turkey to leave the country.

What is Deportation?

Deportation is an administrative action obligating foreigners, who do not have the right to stay, to leave Turkey. The decision is taken by the governorate based on specific circumstances outlined in the Law on Foreigners and International Protection.

Who Can Be Subject to Deportation?

As per Article 54 of the Law on Foreigners and International Protection, individuals subject to deportation include:

Those sentenced to imprisonment for committed crimes.
Members or supporters of terrorist or criminal organizations.
Individuals providing false documents or information for entry, residence, or visa procedures.
Those earning a living through illegal means during their stay.
Individuals posing a threat to public health, order, or security.
Those overstaying their visa or with a canceled visa.

Who Cannot Be Deported?

Article 55 of the Law stipulates circumstances where deportation is not permissible:

Individuals facing the death penalty, torture, inhumane or degrading treatment in the country of deportation.
Those with severe health issues, the elderly, and pregnant women for whom travel is risky.
Victims of human trafficking and psychological, physical, or sexual violence until their treatment is completed.

Deportation Process

The process starts with a reasoned decision from the relevant governorate, followed by:

Invitation to leave Turkey voluntarily.
Administrative detention in removal centers for those who fail to leave or pose a risk.
Health examinations and completion of necessary procedures.

How to Overturn a Deportation Decision?

To overturn a deportation decision, individuals can either apply for a visa with justification or file an annulment lawsuit within 7 days. Filing the lawsuit suspends the deportation process.

Methods to Overturn Deportation

Annulment Lawsuit: This lawsuit can be filed within 7 days of receiving the deportation decision. The lawsuit, filed against the governorate issuing the decision, suspends the deportation process until a judgment is made.
Visa with Justification: This visa allows entry into Turkey despite a deportation order and is issued for exceptional reasons like family reunification, education, or health.

Deportation Inquiry

Inquiries about the deportation decision, its reasons, and status can be made through Turkish consulates, border gates, or via an attorney.

Contact Lawyer

Contacting a Lawyer is a MUST.

Given the rapid implementation of deportation orders and the limited 7-day period to file an annulment lawsuit, it’s crucial for affected individuals to consult with an expert attorney in immigration law promptly. This approach ensures the protection of their rights and appropriate legal action against the deportation decision.

Common Restriction Codes and Their Definitions:

Ç-101 Visa/Residency/Work Permit Violation (Entry Ban for 3 Months)
Ç-102 Violation of Visa/Residence/Work Permit (Entry Ban for 6 Months)
Ç-103 Violation of Visa/Residence/Work Permit (Entry Ban for 1 Year)
Ç-104 Violation of Visa/Residence/Work Permit (Entry Ban for 2 Years)
Ç-105 Violation of Visa/Residence/Work Permit (Entry Ban for 5 Years)
Ç-113: Illegal Entry/Exit (2-Year Entry Ban).
Ç-114: Legal Action Against (2-Year Entry Ban).
Ç-115: Released from Prison (2-Year Entry Ban).
Ç-116: Illegal Earning (5-Year Entry Ban).
Ç-117: Working Without Permit (1-Year Entry Ban).
Ç-118: Threatening Public Health (5-Year Entry Ban).
Ç-141: International Security Concerns (5-Year Entry Ban).
Ç-149: Public Safety Concerns (5-Year Entry Ban).
Ç-150: Using Fake Documents (5-Year Entry Ban).
Ç-151: Human Trafficking (5-Year Entry Ban).
Ç-152: Prudent Denial of Entry (1-Year Entry Ban).
Ç-166: Entry Not Justified/Without Financial Means (1-Year Entry Ban).
Ç-167: Short-term Overstay Penalty (1-Month Entry Ban for Overstays Between 3 to 6 Months).

Exceptional Provisions for Overcoming Restriction Codes:

Force Majeure Situations: Foreigners who can prove their visa, visa exemption, work permit, or residence permit violation due to force majeure during the validity period may not have a “Ç” coded data entry made against them, and fines related to the violation may not be accrued. Medical reports approved by specialists indicating travel inability due to force majeure are sufficient for exemption.
General Directorate’s Instructions: Entry bans with “C” restriction codes may not be applied, and fees or fines may not be accrued for foreigners who violate rules due to force majeure occurring nationally or globally, following the General Directorate’s instructions.

Navigating restriction codes in Turkey requires understanding the specific violations and their corresponding codes. Removal or exemption from these codes often involves legal procedures, valid visa applications, or proof of force majeure. In complex cases, consulting with a legal expert in immigration law is advisable.