WHAT IS DEPORT
AND HOW TO GET IT ANNULLED
What does “deport” stand for ?
We can define
deport as a foreigner who is forced to leave the country and sent to his/her
native land, transferred to another country or to a whole another country and
to be banned to re-enter Turkey with a deportation decision.
2. Who can be deported ?
Generally speaking, removal decision is made as a result of a foreigner's visa violation, acts
against laws and morals, working without a work permit and posing a danger to
national security and health. In Article 54 of the Law on Foreigners and International Protection No.
6458, the cases in which a removal decision
will be made are regulated. According to the provisions of this article, a removal decision is made in the cases listed below.
a) are deemed to be removed pursuant to Article 59 of
the Turkish Penal Code No 5237;
b) are leaders, members or supporters of a terror- its organization or a benefit oriented criminal organization;
c) submit untrue information and false documents
during the entry, visa and residence permit actions;
56 Law on Foreigners and International Protection
ç) made their living from illegitimate means during
their stay in Turkey;
d) pose a public order or public security or public
e) has overstayed their visa or the visa exemption
period for more than ten days or, whose visas are cancelled;
f) residence permits are cancelled;
g) overstayed the expiry date of the duration of their
residence permit for more ten days without an acceptable reason;
ğ) are determined to be working without a work permit;
h) breach the terms and conditions for legal entry
into or exit from Turkey;
ı) are determined to have entered into Turkey de- spite
an entry ban to Turkey;
i) international protection claim has been refused;
are excluded from international protection; application is considered
inadmissible; has withdrawn the application or the application is considered
withdrawn; international protection status has ended or has been cancelled,
provided that pursuant to the other provisions set out in this Law they no
longer have the right of stay in Turkey after the final decision.
j) fail to leave Turkey within ten days in cases where
their residence permit renewal application has been refused.
It should be noted that these justifications are not
limited and the authority authorized to make the decision has a wide authorization
in deportation decisions.
is sometimes misused, but it is open to appeal.
It is crucial on what grounds the decision was made in the annulment
of the deportation decision. Because, according to
the justification, a short-term entry ban may be imposed after the deport
decision or even worse, entry to the country may be banned
In some cases, a restriction code may be placed on the deported
person stating the reason for the deportation. The restriction code is an issue
related to the ban on entry into the country. It is an administrative action
separate from the deportation decision.
If such a situation is in question,
it is necessary to examine the type of restriction code and the reason why it
was set before an application is made to remove the deportation process. These
restriction codes can be informative or restrictive.If the restriction code is
restrictive, the actions to be taken may be a little more complicated and
difficult. For these reasons, it is of great importance that the process is
carried out with the help of a specialist lawyer. Otherwise, foreigners who
have been given a deportation decision are faced with
irreversible loss of rights.
3. What are the
situations in which a deport decision cannot be made?
Under Article 55 of
the Law on Foreigners and International Protection No. 6458, cases where a
deportation decision cannot be made are regulated. According to the provisions
of this article, a deportation decision cannot be made in the cases listed
a) when there are
serious indications to believe that they shall be subjected to the death penal-
ty, torture, inhuman or degrading treatment or punishment in the country to
which they shall be returned to;
b) who would face
risk due to serious health condition, age or, pregnancy in case of travel;
c) who would not be
able to receive treatment in the country to which they shall be returned while
undergoing treatment for a life threatening health condition;
ç) victims of human trafficking,
supported by the victim’s assistance program;
d) victims of serious
psychological, physical or sexual violence, until their treatment is completed.
Foreigners in the situations listed
in this article may be asked to reside at a certain address and to make a
notification within the required time and procedures.
4.What are the deportation process and procedures with
the implementation of the deport decision?
The foreigner may have been caught
by foreign law enforcement, about whom the reasons for deportation occurred.
The situation may have been reported to the law enforcement officers upon
noticing the situation by an official institution. Or, the foreigner can
voluntarily inform the law enforcement authorities that he wants to leave the
The foreigner who has been caught or who has been voluntarily applied to law enforcement
is taken to the hospital for the examination
procedures. It is then taken to a
predetermined place by the Provincial Immigration Administration. Here, the
documents that will be the basis for the deportation decision are prepared.
At this stage, the
foreigner can also hire a lawyer before the
decision is made, have a lawyer meet with the Provincial Immigration
Administration so that the deportation decision does not be made or make him object
to the decision by obtaining the necessary documents. It will be much more
useful to take this process through a lawyer so that there would be no loss of rights
about the foreigner and the proceedings can be made in a short time.
Upon completion of
the documents, the foreigner is sent to the removal centre. If the foreigner
sent to the removal center has completed the transactions and has not filed a
lawsuit regarding the cancellation of the transaction, he/she is sent back to
his/her country or to another country desired by the foreigner.
5. Who can be sent to
a removal center for administrative detention?
Of those for whom a
deportation decision has been taken;
1. Bear the risk of absconding or
2. Breached the rules of entry into and
exit from to Turkey,
3. Have used false or fabricated
documents have used false or
4. For those who pose a threat to
public order, public security or public health, administrative detention
decision is taken by the governorship or alternative obligations are brought to
Foreigners for whom
administrative detention decision has been taken are brought to the removal
center by law enforcement. As a rule, the period to be spent in the removal
center for administrative detention cannot exceed 6 months. However, this
period may be extended for another 6 months in certain circumstances. During
the administrative surveillance period, an evaluation is made by the
governorship on whether to continue the surveillance every month.
If the administrative
detention is not deemed necessary, the administrative detention shall be
terminated immediately. The result of the monthly evaluation and its
justifications are communicated to the foreigner or, if any, his legal
representative or lawyer.
6. How to appeal
against the administrative detention decision?
It is possible to
apply to the criminal judge of peace against the administrative detention
decision. The application is examined within 5 days by the Criminal Judgeship
of Peace and a final decision is made. However, it should be noted that this
application does not stop the administrative detention. Even if the application
is rejected, the person who is taken into administrative detention or his legal
representative or lawyer may apply to the criminal judge of peace again,
claiming that the conditions of administrative detention have disappeared or
7. What is a summons to leave the country? Is it different
from the deportation decision?
If the foreigner who
meets the necessary conditions for a deportation decision applies to the law
enforcement authorities and requests deportation, he/she may not be sent
to the removal center by providing a summons to leave the country instead of
deportation.For these foreigners, a legal procedure called a summons to leave the country is in question, which
is much better. The foreigner, about whom an invitation to leave procedure has
been carried out, is given a minimum of 15 days to leave Turkey. The upper
limit of this period is 30 days. It is not necessary for the
foreigner to have applied to his own law enforcement units for a summon to leave the country. Under normal circumstances,
a person who has been found to have a visa violation and for whom a deportation
decision has been made by the administration may also be invited to leave. This
is at the discretion of the administration.
However, if the
foreigner has applied to the law enforcement authorities himself, there is no
rule that the provisions of the institution of summons to leave the country will be applied to
this foreigner. Here, the special situation, history, etc. of the foreigner
whose deportation conditions have been fulfilled. subjective characteristics
are taken into account. If the person to be deported is one of the persons for
whom administrative detention decision will be taken, the procedure of summons to leave the country will not be applied.
8. Can a foreigner re-enter Turkey before the entry ban expires?
Foreigners who are
deported with the decision of deportation are also banned from entering the
country for a certain period of time. This period varies between 1 month and 5
years. It is possible for the foreigner who has been deported to return to
Turkey before this period expires. By obtaining an annotated visa, it will be
possible to enter the country without waiting for the expiry of the period. Foreigner who has a
deportation decision; Due to marriage, for education purposes, by obtaining a
work permit or by means of a
valid visa for treatment, they can re-enter Turkey without waiting for
the entry ban to expire. However, it should be noted that it is not possible
for every foreigner to remove the entry ban by obtaining these visas.If the
foreigner has been
deported due to prostitution, illegal entry, conditional entry
violation, being involved in a judicial crime, being invited to leave the
country but did not leave despite being given
time to leave the country, or if he has been deported due to membership in a
terrorist organization and committing a crime against the state, obtaining a legitimate visa and entry with a
legitimate visa is
impossible.Foreigners in these situations can only request the annulment of the deportation decision through filing an administrative
9.How to get the deportation decision annulled?
Apart from obtaining an annotated
visa, another way that can be followed against the deportation decision is to appeal against the decision. The
appeal is made through litigation. Deportation decision is an administrative
action. A lawsuit must be filed with the administrative court for the annulment
of administrative proceedings. Here, there is a 7-day period of deprivation in
order to file this lawsuit, which is an objection to the deportation decision.
He must file this lawsuit within 7 days from the notification of the deport
decision. In other words, until the court makes a decision, the person cannot
be deported and can continue to stay in Turkey.
previous restraint codes are also valid in the previous case to the
administrative court to be used at the same time. It is of great importance to
have a lawyer who specializes in training about all return.
You can contact us if
you want to get more information and consultancy services from our article,
which we aim to provide information about partially answering the questions
asked about these types of cases being heard in our office.
Durmus Tolunay Ceviz
Attorney at law