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Deportation of Foreigners

Dilek Yavuz Uysal
Yabancıların Sınır Dışı Edilmesi
Deportation of Foreigners

Deportation of Foreigners | Lawyer in Izmir

A deportation order means that a foreigner residing in Türkiye is expelled from the country for specific reasons. This decision is made by the governor's office. The evaluation and decision-making process regarding the foreigner facing deportation takes a maximum of 48 hours.

The deportation order, along with its reasons, is served to the foreigner facing the deportation order, or to their legal representative or lawyer. The foreigner facing the deportation order is informed of the outcome of the decision, the appeal procedures, and the deadlines for appeal.

The deportation process is governed by Law No. 6458. Law on Foreigners and International ProtectionThis is regulated in Articles 52 to 60 of the Fourth Section, titled "Deportation," of the Second Part, titled "Foreigners," of the Turkish Code of Civil Procedure (YUKK).

About Those to be Deported:

If one or more of the situations specified in Article 54 of the law occur, the governor's office is obligated to issue a deportation order, subject to the provisions of Article 55 of the Law on Foreigners and International Protection.

The following are some examples of individuals included in the first paragraph of Article 54 of the Law on Foreigners and International Protection, and a decision will be made to deport them. Any appeals made by these individuals will be rejected in accordance with the law. For example:

  • Those who are leaders, members, or supporters of a terrorist organization or organized crime group (Article 54/1-b),
  • Those who use false information and forged documents in procedures for entry into Türkiye, visas and residence permits (Article 54/1-c),
  • Those who, while residing in Türkiye, earn their living through illegitimate means (Article 54/1-c),
  • Those who pose a threat to public order, public security, or public health (Article 54/1-d),
  • Those who overstay their visa or visa exemption period by more than ten days, or whose visas have been cancelled (Article 54/1-e),
  • Those whose residence permits have been revoked (Article 54/1-f),
  • Those who have a residence permit and violate its expiration date by more than ten days without an acceptable justification (Article 54/1-g),
  • Those found to be working without a work permit (Article 54/1-ğ),
  • Those whose residence permit extension applications have been rejected and who do not leave Türkiye within ten days (Article 54/1-j)

Legal Procedures for Those Subject to Deportation Ordersüreç:

Those who have been ordered to be deported are given a period of not less than fifteen days and not more than thirty days to leave Türkiye, provided that this is stated in the deportation order. The following individuals are not invited to leave Türkiye and the aforementioned period does not apply to them:

  • a) Those at risk of escaping or disappearing,
  • b) Those who violate the rules for legal entry or exit,
  • c) Those who use forged documents,
  • d) Those who attempt to obtain a residence permit with false documents or are found to have done so,
  • e) Those who pose a threat to public order, public security, or public health.

Although not included in Article 55 of the aforementioned law, individuals who have been issued a deportation order or who believe there is an error in the decision may appeal to the administrative court within seven days of the notification of the decision. For those falling under Article 55, deportation is explicitly stipulated in the law, and any appeals will be rejected on procedural grounds. Properly filed appeals to the court are concluded within approximately fifteen days. The court's decisions at this stage are final. It should be noted that, with the exception of the foreigner's consent, deportation will not occur within the time limit for filing a lawsuit or until the conclusion of the judicial proceedings if an appeal has been filed.

Execution of the Deportation Order

Repatriation centers are established and operated directly by or through protocols with public institutions and organizations, the Turkish Red Crescent Society, or non-profit organizations specializing in migration, for the purpose of housing and monitoring foreigners under administrative detention. Foreigners in repatriation centers are transported to border crossings by law enforcement units. Foreigners who are to be deported without the need for referral to repatriation centers are transported to border crossings by law enforcement units under the coordination of the General Directorate's regional offices. The General Directorate may also cooperate with international organizations, relevant country authorities, and civil society organizations regarding deportation procedures.

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