In Turkey, the deportation removal case, or in other words, the objection to the deportation decision, is among the frequently encountered legal matters in practice. If a deportation process has started against a foreigner in Turkey, swift action is required.
In our article, we have answered all the questions related to deportation removal. We explained the process from the beginning to the end. We recommend reading carefully.
What Does Deport Mean?
The decision to deport refers to the removal of foreigners from Turkey based on various reasons and the prohibition of their re-entry into Turkey.
Legal regulations related to the deportation decision can be found in Article 52 and the subsequent articles of Law No. 6458, titled ‘Foreigners and International Protection’.
IMPORTANT: When a foreigner is taken to a repatriation center (geri gönderme merkezi) to be deported, swift and careful action is required. With the right steps, the deportation procedure can be halted. It is essential to work with a deportation lawyer during this process.
How Is Deportation Removed in Turkey?
In Turkey, the removal of a deportation order is only possible through legal proceedings. A foreign individual in Turkey is taken to a repatriation center and notified of the deportation (that is, removal) decision. According to Article 53/3 of Law No. 6458 on Foreigners and International Protection, one can halt this decision by filing a lawsuit in the administrative court within 7 days of its notification.
In Turkey, the moment a lawsuit against the deportation decision is filed, the deportation procedure automatically stops. According to Article 53/3 of Law No. 6458, it’s not possible to deport the foreigner until the lawsuit concludes.
If the lawsuit is won, the foreigner can no longer be deported for the same reason. However, if the lawsuit is lost, the foreigner will be deported.
The court conducts various examinations in this case. There are various defense mechanisms available for foreigners in deportation removal cases. Details regarding this are provided below.
Repatriation Center and Administrative Detention Decision in Turkey
In Turkey, when a decision to deport a foreign individual is to be made, the foreign individual can be placed under administrative detention. The decision for administrative detention is not mandatory. If there is a risk of the foreign individual escaping or going missing, or if they have violated Turkey’s entry-exit rules or have used a fake document, they can be placed under administrative detention and sent to a repatriation center.
A deportation and administrative detention decision must be made within 48 hours for foreigners taken to the repatriation center. Additionally, this decision must be notified to the foreigner. Thus, there are two decisions made here. One is the deportation decision, and the other is the administrative detention decision.
In Turkey, the deportation process can be halted by filing a lawsuit, but this doesn’t necessarily mean the foreigner will be released from the repatriation center directly. To be released from the repatriation center, one must appeal the administrative detention decision. This appeal is made to the Justice of the Peace Criminal Court (sulh ceza hakimliği). For more details on this, refer to our article titled “objection to the administrative detention decision”.
What is a Deportation Removal Lawsuit?
In Turkey, a lawsuit filed in the administrative court (idare mahkemesi) within 7 days of the issuance of a deportation decision, which seeks the removal of the deportation order, is referred to as a “deportation cancellation” or “deportation removal” lawsuit.
There are many reasons that prevent foreigners from being deported from Turkey. Some of these reasons are stated in Turkish laws, while others are mentioned in international agreements to which Turkey is a party.
In Turkey, the moment a deportation removal lawsuit is filed, the deportation process automatically stops. However, the Migration Administration (Göç İdaresi) should be informed about the filing of the lawsuit. If the foreigner consents to the deportation process, they can still be deported despite the lawsuit being filed.
Frequently Asked Questions About the Deportation Removal Lawsuit
We’ve provided some basic information about the general process above. Now, we will answer frequently asked questions related to the deportation removal lawsuit in Turkey.
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What is the Time Limit for Appealing the Deportation Decision in Turkey?
The deadline for appealing against the deportation decision, in other words, the time frame for opening a deportation removal lawsuit, is 7 days from the time the decision is notified to the foreigner. This decision is usually delivered to the foreigner at the repatriation center (geri gönderme merkezi) through a process of having them sign the necessary documents.
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What Happens if the Time for Deportation Removal Expires?
In Turkey, if the time frame for filing a deportation removal lawsuit expires, the foreigner will then be deported. However, if the deadline has passed and the foreigner has not yet been deported, a lawsuit can be swiftly initiated. This will halt the deportation process. There are various defenses related to this time frame. For instance, if the foreigner’s proficiency in Turkish isn’t adequate and no translator was provided, the notification would be considered invalid, and the lawsuit filing period is deemed not to have expired.
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Where is the Deportation Removal Lawsuit Filed?
The deportation removal lawsuit is filed in the administrative court (idare mahkemesi) of the province where the governorate, which made the deportation decision, is located. If the decision was made in Istanbul, the lawsuit is filed in the administrative courts of Istanbul. However, if the foreign individual is not held in Istanbul and, for example, has been transferred to Gaziantep, then the lawsuit is filed in Gaziantep.
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Against Whom is the Deportation Removal Lawsuit Filed in Turkey?
The deportation removal lawsuit is filed against the governorate which made the decision. For example, if the decision was made in Istanbul, the lawsuit is filed against the Governorate of Istanbul. However, if the foreigner was taken to the deportation center in Istanbul and then immediately sent to Gaziantep, in this case, the decision is made by the Governorate of Gaziantep and the lawsuit is filed against the Governorate of Gaziantep.
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Is a Stay of Execution Decision Given in the Deportation Removal Lawsuit?
In the deportation removal lawsuit in Turkey, no stay of execution decision is given. This is because, by law, the deportation process automatically stops once this lawsuit is filed. However, it’s necessary to notify the Provincial Directorate of Immigration Administration (İl Göç İdaresi) about the initiation of the lawsuit.
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Where Does the Foreigner Stay During the Lawsuit?
During the lawsuit, the foreign individual either remains in the deportation center (geri gönderme merkezi) or continues to reside freely in the province where they normally reside within the borders of Turkey. If there is an administrative detention decision and this decision has been appealed and the Peace Criminal Court (sulh ceza hakimliği) accepts the appeal, the foreigner is released from the deportation center.
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How Long Does the Lawsuit for the Removal of Deportation Decision Last in Turkey?
In Turkey, the statutory period for the deportation removal lawsuit is 15 days. However, in practice, the conclusion of this lawsuit takes between 8 months to 1 year.
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What Are the Outcomes of the Deportation Removal Lawsuit?
If the deportation removal decision is revoked, the relevant foreign individual continues to live in Turkey, and a foreign status must be given to that individual under the Foreigners Law rules. The status to be given varies depending on the specific situation of the foreigner. If the lawsuit is lost, the foreigner will be deported.
How Much is the Deportation Removal Fee?
There are various costs associated with the deportation removal lawsuit. Firstly, when filing a deportation removal lawsuit, a fee and litigation expense are paid. There are no fees or costs associated with appealing the administrative detention decision.
In addition, there are some expenses at the deportation center. Because foreign individuals are typically taken to the Istanbul or Ankara deportation centers and held there for only 1 or 2 days. Afterwards, they are transferred to deportation centers (geri gönderme merkezi) in various provinces of Turkey. This is due to the congestion in the provinces of Istanbul and Ankara. In such cases, there are certain expenses associated with file inquiries, obtaining file samples, and informing about the lawsuit after it’s filed in that province.
In Turkey, attorney fees are generally determined according to the Bar Association’s fee schedule.
If we need to show this in a table;
| DEPORTATION REMOVAL FEE 2023 | |
|---|---|
| Deportation removal lawsuit fee and expenses | Around 1500 TL |
| Objection to administrative detention decision | – |
| Repatriation center expenses | Around 3000 TL |
| Deportation removal attorney fee | With trial 35,000 TL, without trial 30,000 TL (This amount is recommended by the Bar Association, it can increase or decrease depending on the specifics of the case) |
Deportation Removal Petition
The deportation cancellation lawsuit petition must be prepared by an experienced deportation attorney. This draft petition should not be prepared based on copy-paste texts. Otherwise, the lawsuit may be lost. For illustrative purposes, we can show the general appearance of the lawsuit petition as follows:
…(KARARI VEREN İL) NÖBETÇİ İDARE MAHKEMESİNE
(TO THE ON-DUTY ADMINISTRATIVE COURT OF (CITY ISSUING THE DECISION))
DAVA DİLEKÇESİ
(PETITION FOR LAWSUIT)
DAVACI (PLAINTIFF): Name, surname, foreign ID number (if any), and address of the foreign individual.
VEKİLİ (REPRESENTATIVE):Name, surname, and address of the lawyer.
DAVALI (DEFENDANT): The governorship that made the decision, detsis number, and its address.
DAVA (LAWSUIT): Request to annul administrative action (deportation cancellation).
KONU (SUBJECT): Details and number related to the specific administrative action.
TEBLİĞ TARİHİ (NOTIFICATION DATE): The date when the administrative action was notified.
AÇIKLAMALAR (EXPLANATIONS):
Initially, an assessment regarding the situation should be made, and the incident should be summarized. It must be explained why the deportation decision by the administration is unjust. References should be made to precedential decisions by the Council of State and Constitutional Court decisions.
If there’s a prosecution file, it should be evaluated. If documents or evidence are requested by sending a written request, these should be specified. Most importantly, the potential hardships the foreigner might face in the country they may be deported to and the reasons they cannot be deported under international agreements should be included. Each deportation cancellation petition has its unique characteristics and thus differs from others. It should be prepared with care and diligence. Procedural errors should be avoided as they might lead to irreversible damages.
YASAL DAYANAK (LEGAL BASIS): 2577 sayılı İYUK, 6458 sayılı YUKK (Law No. 2577 on Administrative Procedures, Law No. 6458 on Foreigners and International Protection)
HUKUKİ DELİL VE EK (LEGAL EVIDENCE AND ANNEX): Deport kararı, savcılık dosyası, Danıştay kararları, Anayasa Mahkemesi kararları, tanık, yemin, keşif, isticvap, bilirkişi incelemesi ve sair yasal delil (Deportation decision, prosecution file, decisions of the Council of State, decisions of the Constitutional Court, witness, oath, discovery, request for information, expert examination, and other legal evidence)
NETİCE VE TALEP (RESULT AND REQUEST): Yukarıda arz ve izah edilen nedenlerden ötürü; (Due to the reasons described above)
1- Dava konusu sınır dışı kararı işleminin iptaline, (Annulment of the deportation decision subject to the lawsuit)
2- Yargılama giderleri ile vekalet ücretinin davalı idare üzerinde bırakılmasına, (Leaving the litigation expenses and attorney fees on the defendant administration)
karar verilmesinği saygı ile arz ve talep ederim (is respectfully submitted and requested)
Date
Name – Surname
Signuture
Lawyer Arif Hikmet ŞAFAK – Deportation Removal Petition
Thus, the petition for deportation removal is finalized. Along with the petition, prosecution documents related to the matter, identification, etc., should be added. However, the petition for deportation removal must undoubtedly be prepared by a lawyer.
What Are the Reasons for Deportation?
According to Article 54 of the Law No. 6458 on Foreigners and International Protection, foreigners who can be deported are defined, while Article 55 addresses foreigners who cannot be deported. Accordingly, the following are listed:
- Foreigners sentenced to imprisonment under Article 59 of the Turkish Penal Code No. 5247
- Foreigners who are leaders, members, supporters of terrorist organizations, or leaders, members, or supporters of criminal organizations with profit motives
- Foreigners who provide false or counterfeit information/documents in their applications for entry, visa, and residence permits to Turkey
- Foreigners earning income through illegitimate means in Turkey
- Foreigners who pose a threat to public order, public safety, or public health
- Foreigners who exceed their visa or visa-exemption period by more than ten days or those whose visas have been canceled
- Foreigners whose residence permits have been canceled
- Foreigners who have a residence permit but violate its duration by more than ten days without a valid reason after its expiration
- Foreigners identified working without a work permit
- Foreigners who violate or attempt to violate legal entry or exit regulations to/from Turkey
- Foreigners who enter Turkey despite having an entry ban against them
- Foreigners whose international protection application has been rejected, who do not benefit from international protection, whose application is deemed inadmissible, who withdraw their application, whose application is considered withdrawn, whose international protection statuses have ended or been canceled, and who have no right to stay in Turkey
- Foreigners whose residence permit extension applications have been rejected and who do not leave Turkey within ten days
- Foreigners evaluated to be affiliated with terrorist organizations defined by international institutions and organizations
can be deported.
As can be seen, the reasons for the deportation decision are listed here. However, in practice, if a foreigner is involved in any crime, the deportation process is carried out directly without considering whether they are found guilty or not.
For example, a foreigner involved in a simple fight is immediately attempted to be deported. These are illegal practices. In such cases, a rapid deportation removal process should be initiated to prevent the foreigner from being expelled.
Who Cannot Be Deported in Turkey?
According to Article 55 of the Law No. 6458 on Foreigners and International Protection, certain foreigners are protected from deportation. Accordingly, the following individuals cannot be deported:
- Those who have serious indications that they will be subjected to the death penalty, torture, inhumane, or degrading treatment or punishment in the country to which they will be deported.
- Those who are seen as risky to travel due to serious health issues, age, and pregnancy status.
- Those who are receiving treatment for life-threatening diseases and there are no treatment opportunities in the country to which they will be deported.
- Victims of human trafficking benefiting from victim support processes.
- Victims of psychological, physical, or sexual violence until their treatments are completed.
Even if foreigners have the characteristics of those who “need to be deported” according to the law, they cannot be deported from Turkey if they fall into the above categories.
Apart from these, there are some special cases mentioned in the decisions of the Council of State and the Constitutional Court. All these are evaluated according to the specifics of the concrete incident.
Frequently Asked Questions About the Deportation Removal Process in Turkey
Above, we touched upon the fundamental matters concerning the deportation process. Now, we’ll answer some frequently asked questions related to this process.
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Who Decides on Deportation in Turkey?
The decision to deport, also known as the removal decision, is made either upon the instruction of the Directorate General of Migration Management (Göç İdaresi) or directly by the governorates according to Article 53 of the Law No. 6458 on Foreigners and International Protection. Therefore, regardless of where the removal decision is notified, the decision-making authority is the governorates.
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Where Are Those Deported from Turkey Sent?
According to Article 52 of the Law No. 6458 on Foreigners and International Protection, foreigners to be deported are sent to:
-Their country of origin (i.e., the countries of which they are citizens)
-A transit country (i.e., if they came to Turkey intending to go to another country, then to that destination country or another country for this purpose)
-Or a third country (i.e., another appropriate country to go to). -
How Long Does It Take to Issue a Deportation Decision?
When a foreign person is taken to the repatriation center, their file is sent to the governorate, which evaluates the individual within 48 hours. According to Article 57 of the Law No. 6458 on Foreigners and International Protection, this period cannot exceed 48 hours. The decision is then promptly notified to the foreign individual.
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How Can a Foreigner Deported from Turkey Return?
The only way for a deported foreigner to return is to obtain what is called a “justified visa” (meşruhatlı vize) based on special reasons such as marriage, research, work, treatment, etc.
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What is a Justified Visa (Meşruhatlı Vize)?
It is a special type of visa that a foreigner, who has been deported from Turkey, can apply for and enter Turkey if they have special reasons such as marriage, research, work, treatment. The relevant special situation must be proven with official documents.
Applications for a justified visa are concluded within 90 days from the date of application at the latest. If the application is rejected, it is possible to file a cancellation lawsuit. You can find detailed information on this topic in our article titled “What is a justified visa and how is it obtained?”
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Is it Possible to Remove Deportation through Marriage?
If a deportation decision has been made in Turkey and the deportation removal process is still ongoing, marriage will have neither a positive nor a negative effect on this process. However, if the foreign individual has been deported and wishes to return to Turkey, they can obtain a justified visa (meşruhatlı vize) by citing the reason for marriage.
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How to Inquire about Deportation in Turkey?
There is no online system in Turkey to query the deportation decision about a foreigner. First, one must go to the repatriation center where the foreigner was initially taken to check if they are there. If they are not, the repatriation center to which they were sent from there is queried.
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What is an Invitation to Leave Turkey?
According to Article 56 of the Law No. 6458 on Foreigners and International Protection, those who are decided to be deported are given a period of no less than fifteen days and up to thirty days to leave Turkey. This process is called an “invitation to leave.”
The person invited in this manner is given an exit document. This document is not subject to fees, and the foreign individual can exit through the exit gates based on this document. However, if the individual has various tax and fee debts, they cannot exit without making these payments.
There is no invitation to leave for those who pose a risk of fleeing or disappearing, violate legal entry or exit rules, use fake documents, attempt to obtain or obtain a residence permit with false documents, or pose a threat in terms of public order, public safety, or public health. These individuals are captured and taken to the repatriation center.
What are the Rights of Foreigners in the Repatriation Center (Geri Gönderme Merkezi)?
Foreigners in the repatriation center have various rights based on Article 59 of the Law No. 6458 on Foreigners and International Protection, the Constitution of the Republic of Turkey, and international treaties. The law states the following:
- Emergency and basic health services that cannot be covered by the foreigner are provided free of charge.
- Foreigners are given the opportunity to access and communicate with their relatives, notaries, legal representatives, and lawyers, as well as access to telephone services.
- Foreigners are given the opportunity to communicate with their visitors, consulate officials of their nationality, and officials of the United Nations High Commissioner for Refugees.
- The best interests of children are considered; families are accommodated separately.
- Necessary measures are taken by the Ministry of National Education to benefit children from education and instruction.
- Although treatment in the repatriation center may not always be positively described by those present, these are the basic rights of the foreigner. The necessary legal process can be initiated to access these rights.
Which Repatriation Centers Are Located in Istanbul?
In Istanbul, there are 3 repatriation centers. These are:
- Silivri Repatriation Center: Selimpaşa Central District, 2124 Street No:10, Silivri/ISTANBUL
- Çatalca Binkılıç Repatriation Center: Old Kırklareli Road, Menekşe Street, Binkılıç, Çatalca/ ISTANBUL
- Tuzla Repatriation Center: Akfırat District, Süleymaniye Boulevard, 140th Street No:65, Tuzla/ISTANBUL
These can be listed as such. Foreigners taken to these repatriation centers do not stay there for a long time; due to overcrowding, they are transferred to repatriation centers in various provinces of Turkey.
The Importance of a Lawyer in the Deportation Removal Process and Things to Consider
Above, we explained the fundamental issues related to the deportation removal lawsuit in Turkey and answered frequently asked questions.
The role of a lawyer in the deportation removal (objection to deportation) process is paramount. Such legal procedures are complex and require specific expertise.
Laws and regulations related to the deportation process are intricate. An expert lawyer knows these laws and understands how to protect their client’s rights and which defense strategies to employ.
Applications and documents required to halt or delay the deportation process must be prepared accurately and comprehensively. An expert lawyer can determine the most effective defense strategy suitable for the individual situation.
Many people are not informed about their rights or available options. A deportation lawyer can assist their client in understanding their rights and options. The threat of deportation is a highly stressful process for individuals and families. A lawyer provides both legal and emotional support during this time.
In short, guidance and support from an experienced deportation lawyer throughout the deportation process can help an individual defend their rights most effectively and increase the chances of achieving a positive outcome. Therefore, it’s essential to ask a lawyer first and act accordingly.