Objection to Deportation Decision

Objection to the deportation decision is the filing of a lawsuit in the administrative court for the purpose of canceling the deportation decision given about the foreigner. Since the application period against a deportation decision is quite short in Türkiye, legal action must be taken without delay after receiving the notification.

The justification for the deportation decision, the foreigner's family and private life in Türkiye, residence status, health conditions and the dangers he may face in the country to which he will be sent are evaluated together. Restriction code, entry ban and administrative detention decisions should be examined separately as they are different transactions from deportation decisions.

How to Object to Deportation Decision?

Annulment action may be filed against the deportation decision by the foreigner, his legal representative or his lawyer in the competent administrative court. The lawsuit must be filed within seven days from the date of notification of the decision. In connection with this topic Interpol Lawyer You can also review the content titled .

The person applying to the court must also notify the authority that made the deportation decision that a lawsuit has been filed. The administrative court is expected to conclude the application within fifteen days and the court's decision on this matter is final.

Does the Deportation Process Stop when an Objection is Made?

Unless the foreigner leaves Türkiye with his own consent, deportation is not implemented within the seven-day period for filing a lawsuit. If a lawsuit is filed within the deadline, the foreigner cannot be deported until the trial is concluded.

However, filing a lawsuit does not automatically grant the foreigner a residence permit and does not automatically terminate the administrative detention decision, if any. If the foreigner is being held in a repatriation centre, a separate application must be made to the criminal judgeship of peace against administrative detention.

When Does the Seven-Day Objection Period Start?

The trial period begins when the deportation decision is duly notified to the foreigner, his legal representative or lawyer. The decision must indicate the reason for deportation, the means of application and the objection period. Deport Lawyer for Foreigners content explains other legal points related to this stage.

Notification made in a language that the foreigner cannot understand, failure to properly disclose the decision, or error in the notification information may be important in legal evaluation. However, in order to avoid loss of time, a lawsuit should be prepared as soon as the notification is learned.

On What Grounds Can the Deportation Decision Be Objected?

Cancellation reasons vary depending on the characteristics of each file. The main reasons for objection are:

• Lack of personal, clear and concrete justification in the decision,
• The claim of public order or security is not based on sufficient documentation,
• Records about the foreigner are inaccurate or out of date,
• Incorrect calculation of visa or residence violation,
• The acquittal of the foreigner or the closure of the criminal file,
• The decision constitutes excessive interference in the family and private life of the foreigner,
• The foreigner is among the persons who cannot be deported,
• There is a risk of death, torture or ill-treatment in the destination country.

The petition should not only claim that the deportation decision is unfair. Claims must be supported by documents showing the foreigner's personal situation.

Who Cannot Be Deported?

Even if there is a reason for deportation of a foreigner, it is not possible to remove some people from Türkiye. Each foreigner's situation must be evaluated individually.

A deportation decision cannot be taken or implemented in the following cases:

• 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 is ongoing and whose treatment is not available in the country to which they will be sent,
• Beneficiaries of the human trafficking victim support program,
• Victims of psychological, physical or sexual violence until their treatment is completed.

These reasons for protection must be demonstrated through a medical report, country information, court decisions and other official documents.

Can Family Life Be a Ground for Objection to Deportation Decision?

It is important for the proportionality of the deportation decision that the foreigner has a Turkish citizen spouse or child, has lived in Türkiye for a long time, or has strong family ties. However, marriage or having children does not automatically lift the deportation decision.

Court; It can evaluate the duration of the foreigner's stay in Türkiye, the citizenship of the family members, the best interests of the children, whether family life can be continued in another country, and the justification of the decision.

How to Prove Risk of Mistreatment?

The foreigner may claim that there is a risk of torture, death, political oppression or inhumane treatment in the country to which he will be sent. This claim must be based on a personal, current and real risk.

The following documents can be used to prove the risk:

• Investigation and arrest warrants in foreign countries,
• Records regarding political activities,
• Documents showing past attacks or detentions,
• Refugee status and international protection decisions,
• Health reports,
• Reliable country reports of international organizations.

The authorities should not dismiss an arguable allegation of ill-treatment with general information alone; The foreigner must examine his personal situation in detail.

Difference Between Deportation Decision and Administrative Detention

The deportation decision is related to the removal of the foreigner from Türkiye, and the administrative detention decision is related to his detention in the repatriation center while the deportation procedures are ongoing. Also Removal of Deportation Decision The issues explained in should be evaluated together with the concrete incident.

Apply to the administrative court against the deportation decision. An objection to the administrative detention decision is made to the criminal judgeship of peace. An application made to the criminal judgeship of peace does not automatically suspend administrative detention and the judgeship must conclude the review within five days. About the relevant aspect of the process Objection to Administrative Detention Decision There is detailed information on the page.

Removal of administrative detention does not eliminate the deportation decision. Even if the foreigner is removed from the deportation center, the lawsuit filed against the deportation decision continues.

Does Cancellation of the Deportation Decision Remove the Restriction Code?

Deportation decision, restriction code and ban on entry to Türkiye are different administrative procedures. Cancellation of the deportation decision may not automatically delete all restriction records about the foreigner.

The foreigner may have a restriction code of Ç-101, Ç-114, Ç-116, Ç-117 or another restriction code for security reasons. It may be necessary to apply to the Immigration Administration or file a separate annulment case by examining the basis and duration of the code.

Documents Required to Object to Deportation Decision

• Deportation decision and notification document,
• Passport and foreign identity documents,
• Residence or work permit records,
• Family documents regarding marriage and children,
• Health and treatment reports,
• Student or work documents,
• Decisions of acquittal and non-prosecution,
• Documents showing fixed address and social ties in Türkiye,
• Evidence regarding the risk in the destination country.

If the documents are in a foreign language, Turkish translations approved by a notary or a sworn translator may need to be prepared.

What Does a Deportation Decision Objection Lawyer Do?

Lawyer working in the field of foreigners law; It examines the notification date of the decision, the reason for deportation, the restriction codes and the administrative detention process, if any. It files an annulment case within seven days and notifies the administrative authority that made the decision.

If the foreigner is being held in the repatriation centre, he/she can also apply to the criminal judgeship of peace. In case of an entry ban or restriction code, the appropriate administrative and judicial remedies are followed for these procedures.

Frequently Asked Questions

How many days does it take to appeal a deportation decision?

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

Does the deportation process stop when an objection is made to the deportation decision?

Except for the alien's departure with his own consent, if a lawsuit has been filed within and within the legal period, deportation will not be implemented until the trial is concluded.

Which court can be appealed against the deportation decision?

An annulment action shall be filed against the deportation decision in the competent administrative court. An appeal to the criminal judgeship of peace is made against the administrative detention decision.

What happens if the seven-day period is missed?

Timeout may cause the case to be rejected due to procedural reasons. Allegations that the notification was irregular or that the date of learning of the decision was different are evaluated separately according to the concrete file.

Does marriage with a Turkish citizen remove the deportation decision?

No. Marriage does not automatically revoke the decision, but it can be an important legal justification in the assessment of family life and proportionality.

If the deportation decision is annulled, will the entry ban also be lifted?

Not always. Since entry ban and restriction codes are separate transactions, a separate application or lawsuit may be required.

Legal information: This content has been prepared for general information purposes. The period for objecting to a deportation decision is short and may result in detrimental consequences. The method to be applied; It should be determined according to the justification of the decision, notification date, status of the foreigner and risks in the country to which he will be sent.