Deportation | Legal Remedies Against Deportation Decisions

deportation lawyer in turkey
Deportation | Legal Remedies Against Deportation Decisions
Table of Contents

The process of deportation is regulated in the Fourth Section of the Second Part titled “Deportation” of the Law on Foreigners and International Protection No. 6458 (YUKK), between Articles 52 and 60.

Deportation Decision

It is applied to those who violate the reasons specified in Article 54 of the YUKK. According to the explicit wording of the law, this decision can only be made by the governorates. The assessment and decision phase of deportation shall not exceed 48 hours.

Who Will Be Subject to Deportation Decision

In cases where one or more of the situations listed in Article 54 of the YUKK occur, the governorate is obliged to make a deportation decision, without prejudice to the provisions of Article 55 of the YUKK. The following individuals are those mentioned in the first paragraph of Article 54/1 of the YUKK, against whom a deportation decision shall be made:

  1. a) Those considered to be subject to deportation under Article 59 of Law No. 5237 (Article 54/1-a),
  2. b) Those who are members, supporters, or leaders of a terrorist organization or a profit-oriented criminal organization (Article 54/1-b),
  3. c) Those who use false information and counterfeit documents in transactions related to entry into Turkey, visas, and residence permits (Article 54/1-c),

ç) Those who have obtained their livelihood through illegitimate means during their stay in Turkey (Article 54/1-ç),

  1. d) Those who pose a threat to public order, public security, or public health (Article 54/1-d),
  2. e) Those who exceed the visa or visa exemption period by more than ten days or whose visas have been canceled (Article 54/1-e),
  3. f) Those whose residence permits have been canceled (Article 54/1-f),
  4. g) Those who have a residence permit but violate the residence permit period by more than ten days without acceptable justification (Article 54/1-g),

ğ) Those found working without a work permit (Article 54/1-ğ),

  1. h) Those who violate the legal entry into Turkey or exit from Turkey (Article 54/1-h),

ı) Those who are detected to have entered Turkey despite having a ban on entry (Article 54/1-ı),

  1. k) Those who have been denied international protection applications, excluded from international protection, considered as inadmissible for international protection applications, withdrawn their international protection applications, deemed to have withdrawn their international protection applications, whose international protection statuses have ended, or who do not have the right to stay in Turkey according to other provisions of Law No. 6458 after the last decision concerning them (Article 54/1-i),
  2. j) Those whose residence permit extension applications have been denied and who do not leave Turkey within ten days (Article 54/1-j).
  3. k) Those considered to be associated with terrorist organizations defined by international institutions and organizations.

Deportation decisions may be taken at any stage of international protection proceedings against international protection applicants or beneficiaries of international protection who are considered to fall within the scope of paragraphs (b), (d), and (k) of the first paragraph of this Article.

“Decisions of Non-Deportation Will Not Be Taken”

Even if they fall under Article 54, the following foreigners will not be subject to a deportation decision:

  1. a) Those who have serious indications of being subjected to the death penalty, torture, inhumane or degrading treatment in the country to which they will be deported (Article 55/1-a),
  2. b) Those considered at risk of travel due to serious health problems, age, or pregnancy status (Article 55/1-b),
  3. c) Those for whom there is no treatment available in the country to which they will be deported for life-threatening diseases for which treatment is ongoing (Article 55/1-c),
  4. d) Victims of human trafficking benefiting from victim support processes (Article 55/1-ç),
  5. e) Victims of psychological, physical, or sexual violence until their treatments are completed (Article 55/1-d).

The assessment of whether they fall under Article 55 is made separately for each foreigner. These foreigners may be granted humanitarian residence permits in accordance with Article 46 of the Foreigners and International Protection Act (YUKK) to stay in the country, and they may be required to reside at a specific address and make notifications in the desired form and within the specified periods.

Deportation decisions will be made against these foreigners when these situations come to an end.

Legal Remedies Against Deportation Decisions

A deportation decision, along with its reasons, is notified to the foreigner or their legal representative or lawyer. If the foreigner subject to the deportation decision is not represented by a lawyer, they or their legal representative are informed about the outcome of the decision, the appeal procedures, and the deadlines.

Application to the Administrative Court and Its Features:

The foreigner or their legal representative or lawyer can apply to the administrative court against the deportation decision within seven days from the notification of the decision.

The person applying to the court informs the authority that issued the deportation decision.

Applications to the court are concluded within fifteen days.

The decision of the court is final.

Unless the consent of the foreigner is reserved, the foreigner is not deported within the period of filing a lawsuit or applying to the judiciary until the trial is concluded.

Invitation to Leave Turkey

Foreigners subject to a deportation decision are given a period of up to thirty days, not less than fifteen days, to leave Turkey, provided that it is specified in the deportation decision.

People granted a period to leave the country are given a “Exit Permit Certificate” free of charge.

Entry bans may not be imposed on those who leave the country within the specified period.

Foreigners who do not leave Turkey within the specified period are placed under administrative supervision.

The following individuals are not invited to leave Turkey, and the mentioned period does not apply to them:

  1. a) Those at risk of fleeing and disappearing,
  2. b) Those who violate legal entry or exit rules,
  3. c) Those using fake documents,
  4. d) Those attempting to obtain residence permits with false documents or those whose fraudulent actions have been detected,
  5. e) Those posing a threat to public order, public security, or public health.

Administrative Supervision and Duration for Deportation

Administrative Supervision Decision

Administrative supervision decisions are made by the governorate for the following individuals who are subject to deportation:

Those who pose a risk of fleeing or going missing.

Those who violate entry or exit rules of Turkey.

Those who use fake or forged documents.

Those who do not leave Turkey within the granted period without an acceptable excuse.

Those who pose a threat to public order, public security, or public health.

Individuals subject to administrative supervision decisions are held in Removal Centers (RC).

The duration of administrative supervision at RCs cannot exceed six months. However, in cases where deportation procedures cannot be completed due to the foreigner’s lack of cooperation or the provision of accurate information or documents related to their home country, this period can be extended for a maximum of six additional months.

The necessity of continuing administrative supervision is evaluated regularly by the governorate during its duration. If deemed necessary, the thirty-day waiting period is not observed.

Those for whom it is determined that there is no longer a necessity for administrative supervision are immediately reported to the Ministry. If deemed appropriate by the Ministry, the administrative supervision decision concerning the foreigner is lifted. Alternative obligations are imposed on these foreigners under Article 57/A of the Law.

Alternative obligations for foreigners listed in the second paragraph of Article 57 of Law No. 6458, or for foreigners for whom administrative supervision has been terminated, may include the following:

  • A) Residing at a specified address
  • B) Reporting
  • C) Family-based return
  • D) Return counseling
  • E) Volunteering in public service
  • F) Providing a guarantee
  • G) Electronic monitoring

If one or more of the alternative obligations for administrative supervision are imposed on a foreigner, the total duration cannot exceed 24 months.

Foreigners who do not comply with the alternative measures for administrative supervision may be placed under administrative supervision.

Foreigners subject to electronic monitoring obligations or their legal representatives or lawyers may appeal to the Peace Criminal Judge against this decision. The appeal does not suspend the administrative obligation imposed on the foreigner. The Peace Criminal Judge shall conclude the review within five days. The decision of the Peace Criminal Judge is final.

Voluntary Return

Irregular migrants subject to deportation decisions and willing to return voluntarily to their country of origin may receive material or financial support from the General Directorate if deemed appropriate.

Efforts related to the voluntary return of irregular migrants can be carried out in collaboration with international organizations, public institutions, and civil society organizations.

Judicial Remedy Against Administrative Supervision Decision

The administrative supervision decision, extension of administrative supervision duration, and the results of regular monthly evaluations, along with their justifications, are notified to the foreigner, their legal representative, or lawyer. At the same time, if the person under administrative supervision is not represented by a lawyer, they or their legal representative are informed about the outcome of the decision, the appeal procedures, and the deadlines.

Application to the Peace Criminal Judge:

The person under administrative surveillance or their legal representative or lawyer may apply to the peace criminal judge against the administrative surveillance decision.

The application does not suspend administrative surveillance.

If the petition is submitted to the administration, the petition shall be immediately forwarded to the competent peace criminal judge.

The peace criminal judge shall conclude the examination within five days.

The decision of the peace criminal judge is final.

The person under administrative surveillance or their legal representative or lawyer may reapply to the peace criminal judge claiming that the conditions of administrative surveillance have ceased or changed.

Among those who apply to the judicial authorities against the administrative surveillance procedure, those who cannot afford attorney fees may be provided with legal services in accordance with the provisions of Law No. 1136 dated 19/3/1969 upon their request.

Execution of Deportation Decision:

Foreigners in deportation centers are taken to border gates by the law enforcement unit.

Foreigners to be deported without the need for referral to deportation centers are taken to border gates by the law enforcement units under the coordination of the Provincial Organization of the Directorate General.

The Directorate General may collaborate with international organizations, relevant country authorities, and civil society organizations regarding deportation procedures.

Travel Expenses of Deported Foreigners:

Foreigners’ passports or other documents may be retained until they are deported, and their tickets may be converted into cash for deportation procedures.

Foreigners to be deported are required to cover their own travel expenses. If the foreigner’s existing funds are sufficient to cover the travel expenses, they are responsible for covering the entire cost, and any remaining amount is left with the foreigner. If the foreigner has no money, the travel expenses are covered by the Directorate General. However, if the foreigner has some money but it is insufficient to cover the entire travel expenses:

The travel expenses are covered by the Directorate General, and the amount of the foreigner’s existing funds, up to the amount required to meet the basic needs of deported foreigners, is left with them, while the surplus amount is recorded as revenue to the Treasury for covering the travel expenses.

If the foreigner’s existing funds are below the amount required to meet basic needs, the Directorate General covers the entire travel expense, and the foreigner’s existing funds are left with them.

Until the deportation travel expenses are reimbursed, foreigners may not be allowed to enter Turkey. If there are no other restrictions on the foreigner, the restriction is lifted upon payment of the expenses, and they are allowed to enter our country in accordance with the general provisions of visas.

The expenses incurred due to deportation are considered public receivables in accordance with the first article of Law No. 6183, and they will be collected by the treasury offices. In accordance with Article 104 of Law No. 6183 on Collection Procedures of Public Receivables, since the debtor foreigner is located abroad, the statute of limitations will not apply to this debt. Therefore, there is no obstacle to imposing an indefinite restriction on the foreigner.

Individuals or legal entities are obliged to cover the deportation expenses of the foreigners whose stay or return they guarantee. Employers or employer representatives who employ foreigners without work permits are subject to the provisions of Article 23/5 and Article 9 of Law No. 6735 on International Labor Force. Within the scope of this provision, a fine  is imposed on the employer or employer representative for each foreigner employed without a work permit. The employer or employer representative must cover the accommodation expenses, necessary expenses for their return to their countries, and, if necessary, healthcare expenses of the foreigner and their spouse and children, if any. If the Directorate General’s budget covers these expenses, the amounts paid under this article are collected from the employer or employer representative in accordance with Law No. 6183 dated 21/7/1953 on Collection Procedures of Public Receivables. The procedures and principles for the implementation of this paragraph are jointly determined by the Ministry of the Interior and the Ministry.

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