Who Are the Foreigners That Cannot Be Exported?

Understanding Article 55: Who is Protected from Deportation?

Turkish law protects people who face real danger if they return home. Article 55 of the Law on Foreigners and International Protection (LFIP) lists who cannot be deported. This rule stays firm even if you've overstayed your visa or committed a crime. It's a vital safety net for those in need.

Who is Protected from Deportation under Article 55?

The law puts human safety and rights first. These groups are legally protected from deportation to their home country or any other place.

1. Risk of Death Penalty or Torture

You can't be sent back if you face the death penalty. This also applies if there's a risk of torture or cruel treatment. It follows the global rule of non-refoulement. This rule stops states from sending people into harm's way.

2. Serious Health Problems, Age, and Pregnancy

Travel has to be safe for you. If a severe illness makes travel life-threatening, you're protected. This includes elderly people and women late in their pregnancy. Authorities also look at medical care back home. If you can't get life-saving treatment there, Turkey won't deport you.

3. Victims of Human Trafficking

Victims of human trafficking get special protection while they receive support. The law wants to keep you safe from traffickers. This time lets you recover in peace. You can also choose to help the police during this period.

4. Victims of Serious Violence

Have you suffered from physical or sexual violence? If so, you're protected from deportation until your treatment is done. The state makes sure you get full medical and mental health care first. They won't even think about removal until you're better.

Individual Assessment and Administrative Obligations

Officers must check every case one by one. They can't just group people together. But even if Article 55 covers you, you might have to follow some rules. These help keep public order. Usually, you'll need to live at a specific address. You might also have to sign in at the migration office regularly. This is often called "signature duty."

Legal Recourse and the Stay of Execution

What if you get a deportation order anyway? You have 7 days to appeal to the Administrative Court. Filing this case stops the deportation right away. You stay in Turkey until the judge decides. If there's a huge risk like torture, your lawyer can ask the Constitutional Court for an emergency stop.

Humanitarian Residence Permits

People who stay under Article 55 usually get a Humanitarian Residence Permit. This lets you live in Turkey legally as long as the danger exists. You'll need to renew it once in a while. It doesn't give you the same rights as a long-term permit. But it acts as a strong legal shield to keep you safe.

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