What is a Deportation Order in Turkey and How to Remove It?

What does a deport decision mean?

Foreign nationals in Turkey may be subject to deportation if they do not comply with certain legal provisions. This procedure is applied in cases where foreigners living in Turkey have entered the country illegally, violated visa rules, or are still in Turkey despite the revocation of their residence or work permits. They are taken to police stations and placed under administrative detention and deportation proceedings are initiated.

The decision to deport and administrative detention of foreigners is made when the conditions set out in Law No. 6458 on Foreigners and International Protection are present. The authorities authorized to take these decisions are usually governorships and Provincial Migration Administrations.In this process, the rights of foreign nationals and due process of law are respected. 

However, in cases where the law requires it, a deportation order may be issued, removing the persons concerned from the country and prohibiting them from re-entering for a period of time.

Who Decides on Deportation?

Deportation decisions are taken by the governorates upon the instruction of the Directorate General of Migration Management or ex officio.

The deported foreigner may be banned from entering the country for a maximum of 5 years in accordance with the relevant laws. However, if public order or security is seriously threatened, this period may be extended up to a maximum of 10 years. The justification for the deportation decision and the characteristics of the case play an important role in determining the duration of the entry ban.

In certain circumstances, deported foreigners may be placed under administrative detention. However, they have the right to appeal this decision. It is important to seek the assistance of an immigration lawyer to annul the deportation decision and stop the proceedings. Otherwise, the deportation will be carried out quickly.

What are the reasons for deportation?

Pursuant to Article 54 of the Law on Foreigners and International Protection, the circumstances under which a deportation order may be issued by the governorates are as follows

• Those sentenced to imprisonment of two years or more under the Turkish Penal Code,
• Those who are associated with terrorist organizations or interest-based criminal organizations,
• Those who entered Turkey with false information or forged documents,
• Those who make a living through illegal means,
• Those who pose a threat to public order, security or health,
• Those who have overstayed their visa or whose visa has been canceled,
• Those whose residence permit has been revoked or overstayed,
• Workers without a work permit,
• Violators of legal entry or exit rules,
• Those who entered Turkey despite the ban,
• Those whose application for international protection has been rejected or canceled,
• Those whose residence permit extension application has been rejected and who have not left Turkey,
• Those who pose a serious threat to national security,
• Those convicted of crimes that pose a threat to public order.

The deportation decision is notified and the foreigner is given a period of not less than fifteen days and up to one month. He/she must leave the country within this period. Those who do not leave within this period are placed under administrative detention. If the foreigner leaves the country or is caught by law enforcement officers, he/she is transferred to Removal Centers. After the procedures are completed, he/she may be deported to his/her country of citizenship, the country of transit or a third country.)

What are Deportation Procedures and How Does the Process Work?

The deportation process in Turkey is applied when foreigners violate their legal status in Turkey or threaten the country’s security. The details of this process usually include the following steps:

1. Violation Detection: A determination is made that the foreigner has violated their legal status in Turkey or threatens the country’s security. These violations may include, for example, overstaying a visa or residence permit in Turkey, working illegally, committing crimes against public order or engaging in activities that threaten national security.

2. Decision-making and Notification: Once the violation is detected, a deportation decision is taken by the relevant authorities. This decision is communicated to the foreigner in writing. The decision gives a certain period of time for the foreigner to leave the country.

3. Period for Leaving the Country: After the deportation decision is notified, the foreigner is usually given a one-month deadline and is asked to leave Turkey within this period.

4. Administrative Detention and Follow-up: If the foreigner does not leave the country within the given period, he/she may be placed under administrative detention. In this process, the foreigner may be kept under strict surveillance and necessary arrangements are made for deportation.

5. Arrest and Transfer: If the foreigner exceeds the time limit for deportation or escapes, he/she may be apprehended by law enforcement officers. The apprehended foreigner is first taken to a hospital and examined. Then he/she is taken to a place designated by the Provincial Migration Management for such cases. Here, the documents for the deportation of the foreigner are prepared. Then, the foreigner is transferred to Removal Centers.

6. Removal Centers and Procedures: At the Removal Centers, the deportation procedures of the foreigner are completed. In this process, the identity and status of the foreigner are examined and necessary arrangements are made.

7. Deportation: After the procedures are completed, appropriate arrangements are made for the foreigner to leave the country or be sent to the designated destination country. In this process, the rights of the foreigner and international standards are taken into consideration

What is the Call to Abandonment?

The period of time given to persons against whom a deportation order has been issued to leave Turkey is called an “invitation to leave” or “call to leave”. This period is usually at least 15 days, but can be extended up to 30 days depending on the circumstances specified in the deportation order. During this period, they are expected to leave the country and are expected to comply with this deadline.

During the deportation process, they are issued a document called an “Exit Authorization Certificate”, which is not subject to fees. However, in some cases specified in the law, this deadline may not be recognized and the document may not be issued. These situations are as follows:

• Persons at risk of flight or disappearance,
• Violators of legal entry or exit rules,
• Those who use forged documents,
• Those who try to obtain or have obtained a residence permit with false documents,
• Persons who pose a threat to public order, public health or public safety.

These persons may not be given a deportation period and may be dealt with directly by the relevant authorities. For these persons, the deportation process is carried out more quickly and no exit time is granted.

Who is not subject to a Deportation Order?

Deportation is not a decision that can be made for everyone, there are some criteria. Article 55 of Law No. 6458 states who cannot be subject to a deportation order. However, the persons who cannot be deported may be required to reside at a certain address if requested, and may be required to notify in the required forms and periods. Foreigners who cannot be deported are as follows: 

– Foreigners for whom there is a serious indication that the foreigner will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country of deportation,

– Foreigners whose travel is considered risky due to serious health problems or age, pregnancy,

– Foreigners who are undergoing treatment for life-threatening illnesses and do not have access to treatment in the country of deportation,

– Foreigners who are victims of psychological, physical or sexual violence will also not be deported until treatment is completed.

Is There a Way of Appeal and Litigation Against a Deportation Decision?

First of all, it should be noted that it is possible for the deportation order to be automatically revoked without filing an appeal or a lawsuit. For this purpose, the foreigner who has been issued a deportation order must not enter Turkey within the specified period. In this case, the penalty will automatically disappear. However, there are three ways to be taken in case of failure to comply with this period: Filing an annulment case, appealing and obtaining a legitimate visa.

The first step is to appeal against the deportation order. The deportation order is notified to the person against whom the deportation order has been issued, together with the reasons for it. Upon receiving the notification, the foreigner can apply for judicial remedy within 15 days. The competent court for the annulment of the deportation order is the administrative court since the deportation order is an administrative decision. Again, the competent court at this point is the court in the location of the administration that issued this decision, which is an administrative act. In the event that a judicial remedy is applied for the annulment of the deportation decision, the deportation process will stop, depending on the grounds for deportation. This means that there is no need to request a stay of execution. However, this is not always the case. It is possible for deportation proceedings to continue even in the event of a judicial remedy based on the grounds for deportation. In such a case, the remedy is to apply to the Constitutional Court. Otherwise, even if the deportation decision is appealed, the foreign national will be deported. 

The foreigner against whom a deportation decision has been issued may file a lawsuit within 7 days from the notification of the decision to him/her or his/her legal representative. If the 7-day period is exceeded, it will not be possible to file a lawsuit against the deportation decision

The Importance of the Lawyer in Deportation Decisions

It is important to note that a deportation decision is a decision that concerns foreigners’ law. Consulting an expert is actually a necessity, especially since the time limits for filing a lawsuit and filing an objection are important. Otherwise, it will not be possible to prevent loss of rights and interests. Except for some cases, if a deportation decision is made about a foreigner, if a lawsuit has been filed, the result of this lawsuit is expected. In other words, the foreigner continues to live in the country. However, since these and similar situations will differ according to the characteristics of the concrete case, an expert lawyer should be consulted in order to get detailed information and choose the right legal path.

Frequently Asked Questions