Removal of Deportation Decision

Deportation decision removal refers to the legal process carried out to cancel or prevent the implementation of the deportation decision given about the foreigner. In Türkiye, deportation decisions are taken by governorships and there is a very short trial period from the notification of the decision. Also Red Notice Removal The issues explained in should be evaluated together with the concrete incident.

In an application against a deportation decision, the person's family life, legal status in Türkiye, health status, risks in the country to which he/she will be sent and concrete justifications of the decision should be evaluated together. Since deportation decision, entry ban, restriction code and administrative detention are different transactions, separate legal applications may be required for each of them. About the relevant aspect of the process Objection to Deportation Decision There is detailed information on the page.

What is the Deportation Decision?

Deport decision is an administrative procedure for the removal of a foreigner from Türkiye. A deportation decision may be taken for visa or residence violation, working without permission, use of forged documents, being deemed to be prejudicial to public order or public security, and other reasons specified in the law.

The decision, together with its reasons, must be notified to the foreigner, his legal representative or lawyer. If the foreigner is not represented by a lawyer, he/she must be informed about the outcome of the decision, the objection method and the application period.

How to Object to Deportation Decision?

An action for annulment can be filed against the deportation decision in the competent administrative court within seven days from the notification of the decision. It is possible for the application to be made by the foreigner, his legal representative or lawyer. In connection with this topic Interpol Lawyer You can also review the content titled .

When a lawsuit is filed, the application must also be notified to the authority that made the deportation decision. The administrative court is legally required to conclude the application within fifteen days. The court's decision regarding the deportation decision is final.

Except for the foreigner's voluntary departure, if a lawsuit has been filed within and within the period of filing a lawsuit, deportation will not be implemented until the trial is concluded.

When Does the Seven-Day Lawsuit Period Start?

The seven-day period begins with the duly notification of the deportation decision. Since this period is short, the documents must be examined quickly after the decision is received.

Failure to explain the decision in a way that the foreigner can understand, irregularity of notification, or failure to notify the means of objection may be important in evaluating the duration of the case. However, no risk should be taken regarding the time period and an application should be made to the administrative court as soon as possible.

On What Grounds Can the Deportation Decision Be Cancelled?

The conditions of each file are different. In general, the following situations may be claimed in the request for annulment of the deportation decision:

• Lack of concrete and sufficient justification in the decision,
• The claim of public order or security is not supported by documentation,
• The information about the foreigner is incorrect or out of date,
• Incorrect calculation of visa or residence violation,
• The foreigner has strong family and private life ties in Türkiye,
• The decision has disproportionate consequences,
• There is a risk of death, torture or ill-treatment in the destination country,
• The foreigner is among the persons who cannot be deported.

In an annulment case, it is not sufficient to simply state that the foreigner wants to stay in Türkiye. Residence documents, family records, health reports, work and education documents, and evidence showing the risks in the country to be sent must be submitted to the file.

Who Cannot Be Deported?

Even if the foreigner has one of the reasons for deportation, in some cases a deportation decision cannot be taken or the current decision cannot be implemented.

These conditions are evaluated individually for each foreigner. If the risk disappears, the person's situation can be re-examined.

Risk of Ill-Treatment in Destination Country

No alien may be deported to a country where he or she would be subjected to torture, inhumane treatment, the death penalty or serious threat to life or freedom.

If this risk is alleged, only a general statement should not be made. The person's political views, religion, ethnic origin, social group, events he has been exposed to in the past and investigations carried out about him must be explained with concrete documents.

Administrative and judicial authorities should thoroughly investigate the actual risk in the destination country when an arguable allegation of ill-treatment is made.

Are Deportation Decision and Restriction Code the Same Thing?

No. A deportation decision is a procedure to remove a person from Türkiye. The restriction code or ban on entry to Türkiye may prevent the person from re-entering Türkiye for a certain period of time or under special conditions. Danger Code Removal content explains other legal points related to this stage.

Cancellation of the deportation order may not automatically remove all restriction codes or entry bans on the person. Entry ban and restriction records should be examined separately; When necessary, administrative application and annulment case should be made.

Can a Foreigner with a Deportation Decision Obtain a Residence Permit?

The residence permit application of a foreigner who has a valid deportation or entry ban decision to Türkiye may generally be rejected. A previously granted residence permit may be canceled or its duration may not be extended.

Therefore, before applying for a residence permit, the legal status of the deportation decision, entry ban and restriction codes must be determined. Filing a lawsuit against the deportation decision does not automatically grant the foreigner a new residence permit.

How to Object to Administrative Detention Decision?

Alien who is subject to deportation decision; They may be kept under administrative surveillance at the removal center for reasons such as risk of escape, use of forged documents, violation of entry-exit rules or public security.

Administrative detention decision and deportation decision are different procedures. An application can be made to the administrative court against a deportation decision, and to the criminal judgeship of peace against administrative detention.

An application to the criminal judgeship of peace does not automatically suspend administrative detention. The judgeship must finalize the application within five days. If supervision conditions change, re-application can be made.

Is It Possible to Leave the Removal Center?

Removal of administrative detention may be requested on the grounds that administrative detention is not mandatory, there is no risk of escape, there is a fixed address and family ties, or the health condition is not suitable for detention in the center.

Instead of administrative detention, alternative obligations such as residence at a specific address, regular notification, security deposit or electronic monitoring may be imposed. Leaving the removal center does not mean that the deportation decision has been lifted; The lawsuit filed against the deportation decision also continues.

Documents Required for Removal of Deportation Decision

The following documents can be used depending on the content of the file:

• Deportation decision and notification document,
• Passport and foreign identity documents,
• Residence or work permit records,
• Documents showing marriage, children and family ties,
• Health and treatment reports,
• Student or work documents,
• Judicial files and acquittal decisions,
• Documents showing the risk in the country to be sent,
• Records showing fixed address and financial situation.

What Does a Deportation Removal Lawyer Do?

A lawyer working in the field of foreigners law first examines the deportation decision, notification date, restriction codes and, if any, administrative detention decision.

Files an annulment case in the administrative court within seven days, notifies the application to the governorship that made the decision, and makes the necessary notifications to prevent the deportation process from being implemented. Persons held in a repatriation center may also apply to the criminal judgeship of peace.

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 decision.

Is the foreigner deported immediately when a lawsuit is filed?

Except for the alien's departure with his own consent, if a lawsuit is filed within and within the prescribed period, deportation will not be implemented until the court decision is given.

Will the restriction code be deleted when the deportation decision is lifted?

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

Does leaving the repatriation center remove the deportation decision?

No. Removing administrative detention only ends the person's detention in the centre. A separate lawsuit must be filed in the administrative court to annul the deportation decision.

Does marriage with a Turkish citizen automatically remove the deportation decision?

No. Marriage and family life may be important in the evaluation but do not automatically eliminate the decision. Legal applications must be made by documenting family ties.

Can a foreigner with a deportation decision enter Türkiye again?

The result varies depending on the duration of the entry ban and restriction code. In addition to the deportation decision, it should also be checked whether there is a ban on entering Türkiye.

Legal information: This content has been prepared for general information purposes. The application period against the deportation decision is very short. The legal remedy 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.