The Deportation Decision in Turkey

The Deportation Decision

The process of taking and implementing the deportation decision is regulated in the Law No. 6458 on Foreigners and International Protection. According to the law, foreigners in Turkey can be sent to their own country, the country they will transit through, or a third country in some cases.

The descision of deportation is taken by the order of the General Directorate of Migration Management or directly by the governorship. This decision is an administrative action.

The Persons Who Can Be Deported

In Article 54 of Law No. 6458, the persons for whom a deportation decision will be taken are listed. These;

• According to the regulation of Article 59 of the Turkish Penal Code, foreigners who have been sentenced in Turkey and can be deported after their sentence has been executed
• Those who are directors, members, supporters of a terrorist organization or managers, members or supporters of a profit-oriented criminal organization
• Those who use false information and fake documents in transactions for entry, visa and residence permits in Turkey
• Those who earn their living from illegitimate means during their stay in Turkey
• Those that pose a threat to public order or public safety or public health
• Those who exceed the visa or visa exemption period for more than ten days or whose visa has been cancelled.
• Those whose residence permits have been revoked
• Those who have a residence permit and violate the residence permit period for more than ten days without an acceptable reason as of the expiry of its term
• Those found to be working without a work permit
• Those who violate or attempt to violate the provisions of legal entry or exit from Turkey
• Those who were found to have come to Turkey despite the ban on entry to Turkey
• Those whose application for international protection is rejected, who do not have the right to international protection, whose application has been withdrawn, whose international protection status has expired or been cancelled, and who do not have the legal right to stay in Turkey
• Those who do not leave Turkey within ten days despite their residence permit extension applications being rejected
• Those who are considered to be related to terrorist organizations defined by international institutions and organizations.

Foreigners For Whom A Deportation Decision Cannot Be Taken

Even if one of the above-mentioned reasons has occurred, some people cannot be deported in accordance with international conventions, especially the Geneva Convention. Those for whom a deportation decision cannot be taken are listed in Article 55 of the YUKK. Accordingly, those for whom a deportation decision cannot be taken;

• Those with serious indications that they will be subject to the death penalty, torture, inhuman or degrading treatment or punishment in the country of deportation
• Those who are considered risky to travel due to serious health problems, age and pregnancy status
• Those who do not have the opportunity to receive treatment in the country to which they will be deported while their treatment for their life-threatening diseases continues
• Victims of human trafficking benefiting from the victim support process
• Victims of psychological, physical or sexual violence until their treatment is completed.

Appeal Procedure Against Deportation Decision

Those who have been given a deportation decision, their legal representatives or lawyers will be notified of this decision. The person concerned has the right to appeal within 7 days from the notification of the decision. Since the deportation decision is an administrative action, an appeal against the decision is made to the administrative court. The person against whom a deportation decision has been taken cannot be deported before the 7-day objection period expires. If the objection is made within this period, the result of the objection is awaited. If an application is made to the administrative court against the decision, the application must be notified to the administrative authority that took the decision. In this case, the deportation decision cannot be enforced until the administrative court decides on the objection.

The administrative court decides on the objection within 15 days. The decision made is final. The decision of the administrative court cannot be appealed. In line with the court decision, either the deportation decision is annulled or the deportation decision is implemented.

Lawyer Support Against Voluntary Return and Deportation Order

Those who have a deportation decision against them can be deported before the appeal process is completed if they agree to return voluntarily. For this reason, it is very important not to sign the “voluntary return” document at the police or removal centres. The signing of such a document removes the right to appeal against the deportation decision. It is important in terms of legal security that foreigners brought to the removal center due to the deportation decision do not sign any documents without the support of a lawyer. Those whose economic situation is unsuitable for hiring a lawyer can apply to the legal aid office of the bar association where they live and request that a lawyer be appointed to their party.

Administrative Detention

It is stated in the law that some foreigners for whom a deportation decision has been taken will be put under administrative detention until the decision is implemented. These persons are kept in removal centers during the administrative detention period. Those who will be subject to administrative detention;

• Those who are at risk of escaping and getting lost,
• Those who violate the rules of entry or exit to Turkey,
• Those who use fake or false documents
• Those who do not leave Turkey within the given time without an acceptable excuse,
• Those who pose a threat to public order, public safety or public health

Administrative detention period is six months. This period can only be extended once for another six months. An application can be made to the criminal judgeship of peace against the administrative detention decision. The Criminal Judgeship of Peace decides on the objection within five days. The decision of the magistrate is final. However, if the conditions change or the reason for administrative detention disappears, an application can be made to the criminal judgeship of peace again.

You can contact us for legal objection proceedings and follow-up against the deportation and administrative detention decision.

Source: reyhankayisli.av.tr