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A Simple Breakdown of the Deportation Process in Turkey
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A Simple Breakdown of the Deportation Process in Turkey

Hamit Ekşi
Hamit Ekşi
May 25, 2023
4 min read

Understand the legal steps of the deportation process in Turkey, including your rights to appeal, exemptions, and how to handle an administrative removal order.

Understanding the Deportation Process in Turkey

The deportation process in Turkey is governed by the Law on Foreigners and International Protection (LFIP) No. 6458. Specifically, Articles 52 through 60 outline why a person may be removed, who is protected from removal, and how the legal system handles appeals. The Governor’s Office in each province holds the authority to issue a deportation order. Once issued, the process moves quickly, often requiring immediate legal action to prevent removal.

Grounds for Deportation Under Article 54

Not every violation leads to deportation. However, the Turkish authorities can issue a removal order for several specific reasons. These include:

  • Criminal Activity: Being a leader, member, or supporter of a terrorist or criminal organization.
  • Fraudulent Applications: Using false information or forged documents to obtain a visa or residence permit.
  • Public Order and Safety: Being considered a threat to public order, public security, or public health.
  • Visa and Permit Violations: Overstaying a visa or visa exemption for more than 10 days, or having a residence permit canceled.
  • Illegal Employment: Working in Turkey without a valid work permit.
  • Entry and Exit Violations: Entering Turkey illegally or violating rules regarding entry and exit.
  • International Protection Issues: Having an international protection application rejected, withdrawn, or revoked if no other legal right to stay exists.

Who Cannot Be Deported? (Article 55)

Turkish law provides critical safeguards for vulnerable individuals. Even if a person meets the criteria for deportation under Article 54, they cannot be deported if they fall into the following categories:

  • Risk of Torture: There are serious grounds to believe the person will face the death penalty, torture, or inhumane treatment in their country of origin.
  • Health Risks: Individuals with serious health problems, the elderly, or pregnant women who cannot safely travel.
  • Victims of Violence: Victims of human trafficking who are in the support process, or victims of serious psychological, physical, or sexual violence until their treatment is finished.

In these cases, the individual is usually granted a humanitarian residence permit instead of being removed.

How to Appeal a Deportation Order

If you receive a deportation order, you have the legal right to challenge it. This is the most critical stage of the process.

The 7-Day Appeal Window

You, or your lawyer, must apply to the Administrative Court within seven days of receiving the notification. This deadline is strict. If you miss this window, you lose the right to challenge the order through this specific channel.

Stay of Execution

Filing a lawsuit against a deportation order automatically stops the deportation process. This is known as a "stay of execution." The authorities cannot remove you from Turkey until the court reaches a final decision. However, there are exceptions for individuals considered a threat to public order or those linked to terrorist organizations.

Court Timeline

The law states that the Administrative Court should conclude the case within 15 days. In practice, this often takes longer due to the court's workload. The decision made by the Administrative Court is final and cannot be appealed to a higher court.

The Invitation to Leave Turkey

In some cases, the authorities do not immediately detain the individual. Instead, they issue an "Invitation to Leave." This gives the person between 15 and 30 days to exit Turkey voluntarily. Leaving within this period may prevent an entry ban or reduce its duration. This option is not available to those deemed a flight risk or a threat to public safety.

Administrative Detention and Removal Centers

If the Governor’s Office believes a person will flee or hide, they may place the individual under administrative supervision. This involves staying at a Removal Center (Geri Gönderme Merkezi).

  • Duration: The initial detention period is up to six months.
  • Extension: If the individual does not cooperate or provide correct information about their home country, the period can be extended for another six months.
  • Monthly Reviews: The Governor’s Office must review the necessity of detention every 30 days.

Legal Rights and Access to Counsel

Every foreigner facing deportation in Turkey has the right to legal representation. If you cannot afford a lawyer, you may apply for legal aid through the local Bar Association (Baro). You also have the right to an interpreter to ensure you understand the proceedings and the documents you are asked to sign. Access to a lawyer is the most effective way to ensure your rights under the LFIP are protected.

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#Administrative Court#Appeal#application#Court Decision#Court Procedure#deportation#Deportation Decision#Foreigner#Immigration Law#Immigration Rules
Hamit Ekşi

About Hamit Ekşi

Expert real estate consultant specializing in Turkish Citizenship by Investment programs. Helping international investors find their dream properties in Turkey.

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