What Should Foreigners Who Decide to Deport in Turkey Do?

The foreigner who has taken a deportation decision in Turkey must first provide a copy of the deportation decision and the notification document. Because there is only seven days from the date of notification to file a lawsuit against the decision in the administrative court. In connection with this topic Foreigners Law You can also review the content titled.

Deportation decision, detention in a removal center, administrative detention, restriction code and entry ban to Turkey are different procedures. For this reason, the foreigner may need to make a separate application not only against the deportation decision, but also against other administrative records in his file. About the relevant aspect of the process Objection to the Administrative Detention Decision for Foreigners There is detailed information on the page.

What is a Deportation Decision?

A deportation or deportation decision is an administrative action aimed at removing the foreigner from Turkey. It can be obtained for reasons specified in the law, such as visa or residence permit violation, unauthorized work, use of fake documents, posing a threat to public order or public security. Legal Remedies for Foreigners Whose Residence Permit Has Been Rejected its content explains other legal points related to this stage.

The decision must be notified to the foreigner, his legal representative or lawyer together with the justification. If the foreigner is not represented by a lawyer, he should be informed about the objection method and the application period.

What Should a Foreigner Who Takes a Deportation Decision Do First?

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

An annulment lawsuit can be filed against the deportation decision in the competent administrative court within seven days from the date of notification. The application can be made by the foreigner, his legal representative or lawyer. Also Objection Process to Deportation Decision for Foreigners should be evaluated together with the concrete case.

The administrative authority that issued the deportation decision must also be notified that a lawsuit has been filed. The administrative court is legally required to conclude the application within fifteen days and the decision of the court is final.

Except for the foreigner's voluntary departure from Turkey, if a lawsuit is filed within the seven-day litigation period and within the duration, the deportation process will not be applied until the conclusion of the trial.

On What Grounds Can a Deportation Decision Be Appealed?

The grounds for objection vary according to the personal situation of the foreigner and the basis of the deportation decision. The main reasons for cancellation are:

• The decision is personal, does not contain clear and concrete justification,
• Failure to support the claim of public order or public security with a document,
• Incorrect calculation of visa or residence violation,
• The judicial information about the foreigner is incorrect or outdated,
• There is a decision of acquittal or non-prosecution,
• The decision constitutes a disproportionate interference in family and private life,
• The foreigner is among the persons who cannot be deported,
• There is a risk of death, torture or ill-treatment in the country to be sent.

The fact that the foreigner has a Turkish citizen spouse or child does not automatically lift the deportation decision. However, family life, the best interests of the child and the social ties established in Turkey can be taken into account when evaluating the proportionality of the decision.

Who Cannot Be Deported?

Even if there is a reason for deportation in the law, a deportation decision cannot be taken for some foreigners or the existing decision cannot be implemented. This protection is evaluated separately for each person.

• 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 physical, psychological or sexual violence until their treatment is completed.

If the risk of ill-treatment is asserted, general country information should not be content. The person's political activities, past detentions, investigations, health status and individual risks should be explained with documents.

What Should a Foreigner in a Removal Center Do?

There are usually both deportation and administrative detention decisions for the foreigner in the removal center. Different authorities are applied against these two decisions.

• An annulment lawsuit is filed in the administrative court against the deportation decision.
• An application is made to the criminal judgeship of peace against the administrative detention decision.

The application made to the criminal judgeship of peace does not automatically stop the administrative detention. The judge must conclude the application within five days. In case of a change in conditions or new documents emerge, a new application can be made.

Fixed address, family ties in Turkey, submission of identity and travel documents, no serious health problems and no risk of escape can be used in the request for release.

Does Leaving the Removal Center Remove the Deportation Decision?

The abolition of administrative detention only ends the detention of the foreigner in the removal center. Deportation decision, entry ban and restriction codes may continue.

Similarly, filing a lawsuit against the deportation decision does not automatically remove the foreigner from the removal center. A separate application should be made to the criminal judgeship of peace for administrative detention.

Restriction Code and Entry Ban Should Be Checked

A restriction code and an entry ban to Turkey may be created for the foreigner who takes the deportation decision for visa violation, unauthorized work, public order or any other reason.

Canceling the deportation decision may not automatically delete all restriction codes. It may be necessary to investigate the legal basis of the code and apply for removal to the Presidency of Migration Management or to file a separate lawsuit in the administrative court.

Unpaid administrative fines or travel expenses covered by the public can also pose problems with re-entry. The type of debt and its current amount should be checked from official records.

Documents Required for Objection to Deportation Decision

• Deportation decision and notification document,
• Administrative detention decision,
• Passport and foreign identity documents,
• Residence or work permit records,
• Family documents regarding marriage and children,
• Rental agreement or fixed address document,
• Health and treatment reports,
• Acquittal and other judicial decisions,
• Documents showing the risk in the country to be sent.

Lawyer Support for Foreigners Who Have Taken a Deportation Decision

A lawyer working in the field of foreigners law can file an annulment lawsuit within seven days by examining the reason for the deportation decision and the date of notification. If the foreigner is in the removal center, he/she can also apply to the criminal judgeship of peace against the administrative detention decision.

The lawyer also evaluates restriction codes, entry ban, judicial files and the foreigner's residence status together. Due to the short duration of litigation, it is important to conduct the legal review immediately after the notification.

Frequently Asked Questions

How many days should the foreigner who receives a deportation decision file a lawsuit?

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

Does filing a lawsuit stop the deportation process?

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

Is everyone who receives a deportation decision taken to a removal center?

There must be a separate justification specified in the law for administrative detention. Alternative obligations may be imposed on some foreigners instead of being kept in the center.

Does marriage with a Turkish citizen lift the deportation decision?

However, marriage, family life and the status of children may be an important ground for objection in terms of the proportionality of the decision.

When the deportation decision is canceled, will the entry ban be lifted?

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

What can a foreigner do if he does not have the financial means to hire a lawyer?

A foreigner who will apply against the administrative detention decision and is unable to afford the attorney's fee may request legal assistance within the scope of the Attorneyship Law upon request.

Legal information: This content has been prepared for general information purposes. Deportation decision, administrative detention, restriction code and entry ban are different procedures. The path to be followed should be determined according to the reason for the decision, the date of notification, the status of the foreigner and the conditions in the country to which it will be sent.