What is Deportation Turkey?
Deportation is regulated between Articles 52 and 60 of the Law on Foreigners and International Protection No. 6458.
Persons who do not have citizenship of the Republic of Turkey are considered foreigners. If one of the situations listed in the law is in question for a foreign person in Turkey, it is decided to deport the person and a ban on entering Turkey is established for the person. Foreigners for whom a deportation decision has been taken may be deported to their country of origin, to the country of transit, or to a third country. How long the ban on entering Turkey will continue depends on the reason for the person’s deportation.
Deportation decision is taken by the governorships on the instructions of the General Directorate or ex officio. If no objection is made to the decision in due time, the decision becomes final and its execution takes place. The evaluation of the decision and decision-making phase takes a maximum of 48 hours. In which cases a deportation decision can be made is regulated in Article 54 of the law.
In the event that one or more of the situations listed in Article 54 of the Foreigners and International Protection Law occur, the governorship must take a deportation decision, without prejudice to the provisions of Article 55 of the same law.
Who Can Be Deported in Turkey?
The foreigners for whom a deportation decision will be taken are as follows:
- Those who are considered to be deported within the scope of Article 59 of Law No. 5237,
- Those who are directors, members, supporters of a terrorist organization or managers, members or supporters of a profit-oriented criminal organization,
- Those who use false information and fake documents in the procedures for entry to Turkey, visa and residence permits,
- Those who earn their living through illegitimate means during their stay in Turkey,
- Those that pose a threat to public order or public safety or public health,
- Those who exceed the visa or visa exemption period for more than ten days or whose visa has been cancelled,
- Those whose residence permits have been revoked,
- Those who have a residence permit and violate the residence permit period for more than ten days without an acceptable justification as of the expiry of its term,
- Those who are found to be working without a work permit,
- Those who violate or attempt to violate the provisions of legal entry or exit from Turkey,
- Those who are found to have come to Turkey despite the ban on entry to Turkey,
- Those whose international protection application is rejected, excluded from international protection, whose application is considered inadmissible, whose application is withdrawn, whose application is deemed to have been withdrawn, among those whose international protection status has expired or been cancelled, those who do not have the right to stay in Turkey according to the other provisions of this Law, after the final decision about them,
- Among those whose residence permit extension applications are rejected, those who do not leave Turkey within ten days,
- Those who are considered to be related to terrorist organizations defined by international institutions and organizations.
In addition, deportation decision may be taken at every stage of international protection proceedings for international protection applicants or persons who are considered to be within the scope of subparagraphs (b), (d) and (k).
Who Can’t Be Deported in Turkey?
The foreigners against whom a deportation decision will not be taken, even if they are within the scope of Article 54 of the Foreigners and International Protection Law, are as follows:
- Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they will be deported,
- Those who are considered risky to travel due to serious health problems, age and pregnancy status,
- Those who do not have the opportunity to receive treatment in the country to which they will be deported while their treatment for their life-threatening diseases continues,
- Victims of human trafficking who benefit from the victim support process,
- Victims of psychological, physical or sexual violence until their treatment is completed.
The evaluation as to whether it is included in the scope of the listed cases is made separately for each foreigner. In accordance with Article 46 of the Law, humanitarian residence permit will be given to these persons. In addition, they may be asked to reside at a certain address and to give notice in the desired form and time. In the event that the situation in question comes to an end, a decision to deport the foreign person is taken. Deportation Decision in Turkey
Jurisdiction Against Deportation Decision in Turkey
The deportation decision is notified to the foreigner or his/her legal representative or lawyer, for whom the deportation decision has been taken, together with the grounds. If the foreigner for whom a deportation decision has been taken is not represented by a lawyer, he/she or his/her legal representative is informed about the outcome of the decision, the appeal procedures and deadlines.
Application to the Administrative Court and Its Features
The foreigner or his/her legal representative or lawyer may apply to the administrative court against the deportation decision within seven days from the notification of the decision. Since this 7-day period is deprivation of rights, it will not be possible to object to the deportation decision after the expiry of the period. A person cannot be deported from Turkey before the deadline for appealing the decision expires. The person applying to the court also notifies the authority that made the deportation decision.
Execution of the deportation decision is suspended with a lawsuit filed in the administrative court in due time. Unless the person requests it himself/herself, he/she is not deported until the case is concluded.
Applications made to the court are finalized within fifteen days. The decision of the administrative court is final and it is not possible to appeal against the decision. However, in this case, since domestic remedies will have been exhausted; a person who thinks that the decision made by the administrative court is unfair and unlawful will be able to make an individual application to the Constitutional Court.
Invitation to Leave Turkey
Foreigners, for whom a deportation decision has been taken, are given a period of up to thirty days, not less than fifteen days, to leave Turkey, provided that it is stated in the decision. Persons who are given time to leave Turkey are given an “Exit Permit”, which is not subject to any fees.
An entry ban decision may not be taken for foreigners who leave the country in due time. Foreigners who do not leave the country in due time are placed under administrative detention.
Persons who will not be invited to leave Turkey and the said period will not be applied for leaving are:
- Those who are at risk of escaping and getting lost,
- Those who violate the legal entry or legal exit rules,
- Those who use fake documents,
- Those who try to obtain a residence permit with false documents or who are found to have obtained it,
- Those that pose a threat to public order, public security or public health.
Execution of Deportation Decision in Turkey
Foreigners in the removal center are taken to the border gates by the law enforcement unit. Foreigners who will be deported without the need to be sent to removal centers are taken to the border gates by law enforcement units under the coordination of the provincial organization of the General Directorate. The Directorate General may also cooperate with international organizations, relevant country authorities and non-governmental organizations regarding deportation procedures.
Passports or other documents of foreigners can be kept until their deportation and their tickets can be cashed for use in deportation proceedings.
It is essential that the travel expenses of the foreigners to be deported are covered by themselves. If the foreigner’s current money is sufficient to cover their travel expenses, all travel expenses are covered by him/her, and the remaining amount is left to the foreigner. If the foreigner has no money, the travel expenses are covered by the General Directorate. However, if the foreigner has some money and the current money is not enough to cover all travel expenses;
- Travel expenses are covered by the General Directorate and the foreigner’s current money is left to him/her, sufficient to meet the basic needs of the foreigners to be deported, determined by the General Directorate at the beginning of each fiscal year, and the remaining portion is recorded as income to the Treasury in return for travel expenses.
- If the current money of the foreigner is less than the amount sufficient to meet the basic needs, the entire travel expenses are covered by the General Directorate and the current money is left to him/her. Unless overseas travel expenses are reimbursed; foreigner may not be allowed to enter Turkey. If no other prohibition has been imposed on the foreigner, the restriction is lifted on the condition that he/she pays the expenses and they are allowed to enter the country within the framework of the general provisions of the visa.
Expenses incurred due to deportation are a public receivable pursuant to Article 1 of th
Law on Collection of Public Claims No. 6183 and are collected by the finance clerks. Pursuant to Article 104 of the same law, since the debtor is in a foreign country, the statute of limitations will not run for this receivable. For this reason, there is no obstacle to the entry of an indefinite restriction on the foreigner.
Natural or legal persons are obliged to pay the deportation costs of foreigners whose stay or return is guaranteed.
The provisions of Article 23/5 and Article 9 of the International Labor Law No. 6735 are applied to the obligations of the employer or employer’s representatives, who employ the foreigner without permission, regarding the deportation proceedings of the foreigner. Within the framework of these provisions, the employer or employer’s representative who employs foreigners who do not have a work permit is fined 6.000,00 Turkish Liras for each foreigner.
The employer or employer’s representative is obliged to cover the accommodation expenses of the foreigner who does not have a work permit and, if any, his spouse and children, the expenses necessary for their return to their country and, if necessary, health expenses. If these expenses are covered from the budget of the General Directorate of Migration Management, the amounts paid in accordance with the provision of the article will be collected from the employer or employer’s representative.
Do you need legal services in Istanbul? Contact Us.
BAL Law Firm is a Turkish Law Firm that provides legal services to foreign and domestic clients, companies and organizations. Our lawyers provide legal support in all geographical regions of Turkey, especially in Istanbul.
Send Mail : email@example.com