The Deportation Decision in Turkey

Understanding the Deportation Framework in Turkey

The deportation process in Turkey is strictly governed by the Law on Foreigners and International Protection (Law No. 6458). This legal framework ensures that administrative actions regarding the removal of foreign nationals follow specific protocols. A deportation decision is an administrative act. It is issued either by the General Directorate of Migration Management or directly by local governorships. Under this law, a person may be sent back to their country of origin, a transit country, or a third country that agrees to accept them.

Grounds for Deportation Under Article 54

Turkish authorities can issue a deportation order for several reasons. Article 54 of Law No. 6458 lists the specific categories of individuals subject to removal. These include:

• Criminal Convictions: Foreigners sentenced for crimes in Turkey who are deemed deportable after serving their sentence.
• Security Threats: Individuals who are leaders, members, or supporters of terrorist or profit-oriented criminal organizations.
• Fraudulent Documentation: Those who used false information or forged documents to obtain entry, visas, or residence permits.
• Illegitimate Income: Individuals who earn their living through illegal means during their stay.
• Public Order and Health: Persons who pose a significant threat to public order, public safety, or public health.
• Visa and Permit Violations: Those who overstay their visa or visa exemption period by more than ten days. This also applies to individuals whose residence permits are revoked or expired without a valid renewal application.
• Labor Violations: Foreigners found working without a valid work permit.
• Entry and Exit Violations: Individuals who bypass legal border controls or attempt to enter Turkey despite an active entry ban.
• International Protection Status: Those whose applications for international protection are rejected, withdrawn, or cancelled, and who have no other legal right to remain.

Exceptions: Who Cannot Be Deported?

Even if a person meets the criteria for deportation, Article 55 of Law No. 6458 provides critical protections. These exceptions align with international human rights standards and the Geneva Convention. Deportation cannot be carried out for:

• Risk of Torture: Individuals who face a credible risk of the death penalty, torture, or degrading treatment in their destination country.
• Serious Health Issues: Persons for whom travel is life-threatening due to age, advanced pregnancy, or severe health conditions.
• Ongoing Medical Treatment: Those receiving treatment for life-threatening illnesses that cannot be managed in the destination country.
• Victims of Trafficking: Individuals currently benefiting from victim support programs for human trafficking.
• Victims of Violence: Victims of psychological, physical, or sexual violence until their recovery and treatment are complete.

The Appeal Process Against Deportation

When a deportation decision is made, the individual or their legal representative must be formally notified. You have the right to challenge this decision. The legal window for an appeal is very short.

The 7-Day Objection Period

You must file an appeal with the Administrative Court within seven days of receiving the notification. Filing this lawsuit automatically halts the deportation process. The authorities cannot remove you from Turkey until the court reaches a verdict. It is vital to notify the migration authority that you have filed the lawsuit to ensure the stay of execution is respected.

Court Decision and Finality

The Administrative Court typically evaluates the case and reaches a decision within 15 days. This decision is final. If the court annuls the deportation order, the individual may remain in Turkey legally. If the court upholds the decision, the deportation process will proceed immediately.

Administrative Detention and Removal Centers

In certain cases, authorities may place a foreigner under administrative detention while deportation proceedings are finalized. These individuals are held in Removal Centers. Detention is usually reserved for those at risk of escaping, those who violated entry/exit rules, or those posing a public threat.

• Duration: The initial detention period is six months. It can be extended for an additional six months if the individual does not cooperate or provides false information.
• Challenging Detention: You can appeal the detention order through the Criminal Judgeship of Peace. The judge must decide on the objection within five days. Unlike the deportation appeal, this is a separate legal action focused specifically on the person's liberty.

The Risk of Signing Voluntary Return Documents

Foreigners in removal centers are often asked to sign documents. One such document is the "Voluntary Return" form. If you sign this, you declare that you are leaving Turkey of your own free will. Signing this document waives your right to appeal the deportation. Do not sign any documents without a lawyer present. If you cannot afford a lawyer, you have the right to request legal aid from the local Bar Association.

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