How to Get a Deportation Order Removed ?
The deportation order is taken by the Directorate General of Migration Management or ex officio by the governorates. This order is notified to the foreigner’s legal representative or lawyer, if any. If the foreigner is not presented by a lawyer, the foreigner is informed about the objection procedures and deadlines in the legal notice sent. The foreigner or his lawyer may apply to the administrative court against the deportation order within seven (7) days following the notification of the decision. Applications are finalized within fifteen (15) days. The decision of the court regarding the appeal is final. The foreigner cannot be deported within the period of filing a lawsuit or, in case of a judicial remedy, until the conclusion of the trial.
However, not getting the immigration consultancy service from a specialized Turkey immigration lawyer may cause irreversible consequences in this process. For instance, some of foreigners whose deportation order has been taken will be subject to administrative detention until the order is implemented. Foreigners who will be subject to administrative detention are listed in Article 57 of Law No. 6458 as follows:
- Those who take the risk of escaping and getting lost,
- Those who violate the rules of entry into or exit from Turkey,
- Those who used forged or fabricated documents
- Those who have not left Turkey in due time without a valid excuse,
- Those who have threatening to public order, public safety or public health.
Foreigners listed above are kept in removal centers within six months period. The most important point here is those foreigners should not sign the “voluntary return” document at the police or removal centers. The signing of such a document removes the right to appeal the deportation order, so they can be deported before the appeal process is complete. Therefore, it is very important for the foreigners who are brought to the removal center due to the deportation order that they get the immigration consultant from an expert Turkey immigration lawyer before signing any documents.
Serka Law Office provides consultancy to its clients regarding the deportation orders and administrative detentions regarding foreigners, also carries out the processes of objections and lawsuits to be filed. If you are looking for an immigration lawyer in Istanbul, Serka Law Office will be pleased to help you with its expert lawyer team in the field of Turkey immigration laws.
Reasons for Deportation from Turkey
According to Article 54 of Law on Foreigners and International Protection No. 6458, a deportation order shall be issued for those foreigners listed below:
- Those who are deemed to be removed pursuant to Article 59 of the Turkish Penal Code No 5237;
- Those who are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal organisation;
- Those who submit untrue information and false documents during the entry, visa and residence permit actions;
- Those who made their living from illegitimate means during their stay in Turkey;
- Those that pose a public order or public safety or public health threat;
- Those who has exceeded their visa or the visa exemption period for more than ten days or, whose visas are cancelled;
- Those whose residence permits have been cancelled;
- Those who has overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason;
- Those who are determined to be working without a work permit;
- Those who violate the terms and conditions for legal entry into or exit from Turkey;
- Those who are determined to have entered into Turkey despite an entry ban to Turkey;
- Among those whose international protection claim has been refused; are excluded from international protection; whose application is considered inadmissible; whose application is withdrawn; whose international protection status has ended or has been cancelled, those who no longer have the right of stay in Turkey according to the other provisions of this Law after the final decision.
- Those who fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused.
The law states that a foreigner can be deported based on only some of the reasons for deportation listed above. Accordingly, foreigners with international protection status or applicant status who meet the conditions for this protection can only;
- When there are serious reasons to consider that they pose a threat to national security of Turkey,
- They can be deported if they have been convicted upon a final decision for an offence constituting a public order threat.
Foreigners For Whom A Deportation Order Cannot Be Taken
According to Article 55 of the Law No. 6458, foreigners listed below cannot be deported even if they are within the scope of Article 54 :
- Those who have serious indications to believe that they will be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they will be returned to;
- Those who are risky to travel due to serious health condition, age or, pregnancy;
- Those who would not be able to get treatment in the country to which they will be returned while their treatment for a life threatening health condition;
- Those who are victims of human trafficking and supported by the victim’s assistance programme;
- Those who are victims of serious psychological, physical or sexual violence, cannot be deported until their treatment is completed.
These foreigners may be asked to reside at a certain address and to make notifications in the requested form and time.