Deportation Decision from Turkey – Attorney Ozan Soylu

What is a Deportation Decision and How is it Implemented?

Countries, in order to protect their national security and public order, can deport foreign nationals under certain conditions. This process involves not only legal regulations and procedures but also significant issues in terms of human rights and international law.

In this article, we will discuss what deportation means, in what situations and for whom it can be applied, how the process works, and ways to appeal against these decisions. Additionally, the rights of those who are deported and the potential future situations they may face will be addressed.

What is Deportation?

Deportation, also known as deportation, refers to the removal of a foreigner from a country by the state, usually for reasons such as protecting public order, without the person’s consent. This process is carried out by the country in which the foreigner resides and generally involves sending the foreigner to their home country or another country. The decision is officially notified to the person who is the subject of the deportation decision.

Who Makes the Deportation Decision?

In Turkey, the deportation decision is made by the Provincial Governorships on their own initiative or upon the instruction of the Directorate General of Migration Management, under the Law on Foreigners and International Protection. The decision, along with its reasons, is notified to the foreigner subject to the deportation decision, their legal representative, or their lawyer​​.

Under What Circumstances Are Foreigners Deported?

Various circumstances can lead to the deportation of foreigners under the Law on Foreigners and International Protection (LFIP). These include criminal activities, threats to public order or security, use of fake documents, violation of visa or residence permit periods, and illegal entry into Turkey.

Who Cannot Be Deported?

In Turkey, foreigners cannot be deported under certain conditions. These include those who risk facing the death penalty, torture, or inhuman or degrading treatment in their home countries, those with serious health problems, those with diseases that lack treatment options, victims of human trafficking, and victims of psychological, physical, or sexual violence​​.

Can a Turkish Citizen Be Deported?

Deportation procedures apply only to foreign nationals. Turkish citizens cannot be legally deported from their country, and such a process is also contrary to international law norms​​.

What is the Penal Sanction of Deportation?

Deportation involves the removal of foreigners from Turkey and the prohibition of their re-entry for a certain period or permanently. This sanction is applied based on the administrative or criminal faults committed by the foreigner and can restrict their entry to Turkey.

How Long Does Deportation Due to Prostitution Last?

The duration of the entry ban imposed after a deportation decision due to prostitution is generally 5 years. However, this period can vary depending on the specific circumstances of each case and judicial decisions. In some cases, the deported person may receive a longer or permanent entry ban.

What is the Duration of Deportation?

The duration of the entry ban imposed in case of deportation varies depending on the nature and severity of the crime committed by the foreigner. Generally, a period ranging from 1 month to 5 years is applied. However, this period can be extended up to 10 years for foreigners who pose a threat to public order or security.

Additionally, an indefinite entry ban may be applied to persons deported for certain crimes or situations (e.g., terrorist activities, human trafficking, etc.).

Where Are Deported Foreigners Sent?

Deported foreigners are usually sent to their home countries or a third country that can accept them. Individuals deported from Turkey are sent to their countries or another safe country after completing all necessary legal and logistical procedures for the implementation of the deportation decision.

Can a Deported Person Go to Another Country?

A deported person can go to other countries outside Turkey, but this depends on the restriction codes entered into the person’s passport and the visa policies of other countries. If the deportation is noted in the person’s passport, this situation may be evaluated by other countries, and the person’s entry may be denied.

How is Deportation Notification Made?

The deportation decision is notified in writing to the foreigner or their legal representative from the date the decision is made. The foreigner can appeal this decision, and the appeal process can delay the deportation from Turkey. The notification and appeal processes are important for protecting the foreigner’s legal rights.

How Long Does It Take to Appeal a Deportation Decision?

The period for appealing a deportation decision is within seven days from the date the decision is notified to the foreigner or their legal representative. During this period, foreigners or their representatives can apply to the administrative court. This appeal period is crucial for the foreigner to exercise their legal rights, and appeals made outside the specified period may be invalid​​.

Example 1: Mary, a Nigerian national, receives a deportation decision on the grounds of a fake marriage. She appeals to the administrative court through a lawyer on the 3rd day after receiving the decision, seeking its cancellation.

Example 2: Ali, an Afghan national, receives a deportation decision on charges of membership in a terrorist organization. He submits an appeal to the administrative court via fax on the last hour of the 7th day after receiving the decision.

How to Suspend Execution of a Deportation Decision?

In the appeal against the deportation decision, a request for suspension of execution can be made. This means temporarily halting the deportation process until the judicial review of the decision is completed. The suspension of execution occurs upon the court’s decision, preventing the immediate removal of the foreigner from Turkey​​.

Cancellation of a Deportation Decision and Duration of the Lawsuit

When a lawsuit is filed for the cancellation of a deportation decision, the petition is submitted to the administrative court. The petition should include arguments and evidence proving that the deportation decision is unlawful. The lawsuit process usually takes about 1 year, but a decision on the suspension of execution can typically be made within 20 to 30 days​​.

Objection Petition and Objection Period for Administrative Detention Decision

Objections to the administrative detention decision can be made within seven days from the date the decision is notified to the foreigner or their legal representative. The objection petition is submitted to the criminal court of peace to question the legality of the administrative detention decision. The judge evaluates the objection and makes a decision within five days​​.

How to Appeal the Decision on Entry Ban?

The appeal against the decision on the entry ban concerns the prohibition of the foreigner’s entry into Turkey and can also be made to the relevant administrative court. The appeal process must be carried out within 7 days from the notification of the ban decision to the foreigner.

Under What Conditions Can a Deported Foreigner Return?

A deported foreigner can return to Turkey usually by appealing the deportation decision or ensuring the removal of the restriction codes. The foreigner must first eliminate the reasons for the deportation for their return. This process may involve administrative or legal applications to remove the restriction codes. Appeals can be made for reasons such as changes in the situation or correction of misunderstandings after the deportation decision. Additionally, after the duration of the entry ban expires, the foreigner can reapply for a visa and obtain entry permission.

What Should a Deported Person Do?

A deported person should first understand the reasons and validity of the deportation decision. Based on this information, they can appeal the deportation decision through a legal representative or initiate necessary procedures to remove the restriction code. The appeal process may include a request for suspension of execution through judicial means. Additionally, deported individuals should seek legal advice in their residing country, assess their situation, and if possible, contact foreign embassies or consulates.

Can Someone Marry a Deported Person?

It is possible to marry a deported person; however, for this person to enter the country where their spouse or family lives, the necessary entry permits and visa procedures must be completed. It should be noted that the deportation decision and entry ban do not automatically disappear through marriage.

Can a Deported Person Obtain a Work Permit?

A deported person’s ability to obtain a work permit in another country depends on that country’s laws and the person’s immigrant status. If a deported person relocates to a new country and meets the appropriate conditions, they can apply for a work permit in accordance with that country’s regulations. However, the deportation history may be considered in the application assessment and may complicate obtaining the permit.

Is Deportation Recorded in the Passport?

During the deportation process, various restriction codes can be entered into the passports or other travel documents of the deported foreigners. These codes restrict or prevent the foreigner’s entry into Turkey under certain conditions. These codes vary depending on the reasons and duration of the deportation and directly affect the foreigner’s future entries into Turkey.

How to Check Passport Deport Record?

The passport deport record check is performed to verify a foreign national’s entry status into Turkey. This check is carried out by the consulates, embassies, or the Directorate General of Migration Management under the Ministry of Interior of the Republic of Turkey. The record to be checked includes restriction codes entered into the passport and any entry ban periods, if any.

Explanation of Some Terms Mentioned in the Article:

Law on Foreigners and International Protection (LFIP): The primary law regulating the legal status, rights, and obligations of foreigners in Turkey.
Directorate General of Migration Management: An institution under the Ministry of Interior that regulates the residence, work, and migration statuses of foreigners in Turkey.
Public Order and Security: Measures taken to ensure the peace and security of society.
Visa: An official document allowing a foreigner to enter and stay in a country for a specified period.
Residence Permit: A document allowing a foreigner to legally reside in a country for a specified period.
Restriction Code: Codes restricting or preventing a foreigner’s entry into Turkey.
Notification: The official process of informing the concerned person of a decision or information.
Administrative Court: A court handling cases against administrative actions.
Suspension of Execution: A decision by the court temporarily halting the implementation of an administrative action.
Criminal Court of Peace: A court conducting the initial examination in criminal cases and deciding on some minor offenses.
Administrative Detention: A measure applied to ensure that a foreigner stays in a certain place during the implementation of the deportation decision.
Entry Ban: The prohibition of a foreigner’s entry into a country for a specified period or permanently.
Provincial Directorate of Migration Management: The provincial organization of the Directorate General of Migration Management, handling the affairs of foreigners at the provincial level.
Directorate General of Migration Management: The state institution managing migration in Turkey. It instructs and implements deportation decisions.
Governorships: Local administrative authorities making deportation decisions on their initiative or upon the instruction of the Directorate General of Migration Management.

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