Objection Process to Deportation Decision for Foreigners

If a foreigner who has been deported in Turkey thinks that the decision is unlawful, he can file an annulment lawsuit in the administrative court. The most important issue in this process is not to miss the seven-day litigation period starting from the notification of the decision. In connection with this topic Foreigners Law You can also review the content titled.

Deportation decision and administrative detention, restriction code and entry ban to Turkey are different procedures. If the foreigner is kept in a removal center, the administrative detention decision must be objected to separately in addition to the lawsuit to be filed against the deportation decision. About the relevant aspect of the process Objection to the Administrative Detention Decision for Foreigners There is detailed information on the page.

How Many Days is the Objection Period to the Deportation Decision?

The foreigner, his/her legal representative or lawyer may apply to the competent administrative court within seven days from the notification of the deportation decision.

The fact that a lawsuit has been filed must also be notified to the governorship or the relevant administrative authority that made the deportation decision. The court is legally required to conclude the application within fifteen days and the court decision regarding the deportation decision is final.

Does the Deportation Process Stop When a Lawsuit Is Filed?

Except for the foreigner's voluntary departure from Turkey, the deportation process is not applied within the seven-day period for filing a lawsuit. If a lawsuit is filed within the time limit, the foreigner cannot be deported until the conclusion of the trial.

For this, it is important to notify the authority that made the decision in a timely manner of the document showing that a lawsuit has been filed. Filing a lawsuit does not automatically provide the foreigner with a residence permit and does not automatically lift the administrative detention decision. Legal Remedies for Foreigners Whose Residence Permit Has Been Rejected its content explains other legal points related to this stage.

In Which Court Is the Deportation Decision Appealed?

Canceling the deportation decision does not always automatically lift the entry ban or restriction code for the foreigner. The basis of these records should be examined separately.

On What Grounds Can a Deportation Decision Be Canceled?

The reason for the annulment lawsuit is determined according to the event on which the decision is based and the personal situation of the foreigner. The main grounds for objection are:

• The decision does not contain a clear, concrete and personal justification,
• The claim of public order or public security is not based on sufficient documents,
• Miscalculation of visa or residence permit violation,
• Information about the foreigner is incorrect or out of date,
• Acquittal or decision of non-prosecution in the criminal file,
• The decision constitutes a disproportionate interference in family and private life,
• Not taking into account the best interests of the child,
• The foreigner is among the persons who cannot be deported,
• There is a risk of torture, death or ill-treatment in the country to be sent.

It is not enough to state in the petition that the foreigner wants to stay in Turkey. Each claim must be supported by concrete and verifiable documentation.

Who Cannot Be Deported?

Even if there is a reason for deportation in the law, a deportation decision cannot be taken or implemented for the following persons: Also What Should Foreigners Who Decide to Deport in Turkey Do? should be evaluated together with the concrete case.

• Those who are at risk of death penalty, torture or inhumane treatment in the country to which they will be sent,
• Those whose travel is risky due to serious health problems, advanced age or pregnancy,
• Those whose vital treatment continues and who do not have the opportunity to be treated in the country to which they will be sent,
• Beneficiaries of the human trafficking victim support program,
• Victims of psychological, physical or sexual violence who are still being treated.

The presence of these situations is assessed individually for each foreigner. Health report, international protection certificate and personal risk records of the country to be sent must be submitted to the case file.

How to Prove the Risk of Ill-Treatment?

The foreigner may claim that there is a risk of political pressure, torture, the death penalty or inhumane treatment in the country to which he will be sent. However, it must be shown that the risk is personal, current and real.

The following documents can be used for this purpose:

• Investigation and arrest warrants in a foreign country,
• Past records of detention, assault or threats,
• Documents showing political activities,
• Refugee status or international protection orders,
• Health reports,
• Country reports of reliable international organizations.

Authorities need to investigate defensible allegations of ill-treatment in detail and personally.

Can Family Life Be a Reason for Objection?

It may be important for the proportionality of the decision that the foreigner has a Turkish citizen spouse or child, has been living in Turkey for a long time or has established strong family ties in the country.

However, marriage or having children does not automatically remove the deportation decision. The duration of family life, the age of the child, the role of the foreigner in the family and whether the family can live together in another country are evaluated.

What Should a Foreigner in a Removal Center Do?

There is usually a separate administrative detention decision for the foreigner held in the removal center. Against this decision, release can be requested by applying to the criminal judgeship of peace.

The absence of the risk of escape, fixed address, family ties in Turkey, health problems and submission of identity documents to the administration may be grounds for objection. The criminal judgeship of peace must conclude the application within five days.

Lifting administrative detention does not cancel the deportation decision. Likewise, filing a deportation lawsuit does not automatically remove the foreigner from the removal center.

Documents Required for Objection

• Deportation decision,
• Notification document of the decision,
• Passport and foreign identity documents,
• Residence or work permit records,
• Documents related to marriage and children,
• Lease agreement or fixed address registration,
• Health and treatment reports,
• Decisions of acquittal or non-prosecution,
• Documents showing personal risk in the country to be sent.

What Does a Deportation Decision Appeal Lawyer Do?

Lawyer working in the field of foreigners law; examines the justification of the decision, the date of notification and the restriction records about the foreigner. It files a lawsuit in the administrative court within seven days and notifies the authority that made the decision of the application.

If the foreigner is in the removal center, he/she also applies to the criminal judgeship of peace against the administrative detention decision. In case of an entry ban or restriction code, it follows separate legal remedies for these transactions.

Frequently Asked Questions

How many days is the objection period to the deportation decision?

A lawsuit must be filed in the administrative court within seven days from the notification of the decision.

Will the foreigner be deported if objected?

Except for the foreigner's voluntary departure, if a lawsuit is filed in due time, the deportation process will not be applied until the conclusion of the trial.

Does the deportation case allow you to leave the removal center?

A separate application must be made to the criminal judgeship of peace for the removal of administrative detention.

Does marriage with a Turkish citizen lift the deportation decision?

However, marriage, family life and the best interests of the child may be important in terms of the proportionality of the decision.

Is the restriction code deleted when the deportation decision is canceled?

Not always. Since the restriction code and entry ban are separate procedures, a separate application or lawsuit may be required.

Can a lawsuit be filed if the seven-day period is passed?

Exceeding the time may cause the case to be dismissed due to the statute of limitations. Situations such as irregular notification or learning of the decision later should be evaluated separately according to the file.

Legal information: This content has been prepared for general information purposes. The application period against the deportation decision is quite short. The path to be followed; It should be determined according to the reason for the decision, the date of notification, the status of the foreigner and the risks in the country to which it will be sent.