Deportation Decision in Turkey
In Turkish law, deportation is regulated in the Law on Foreigners and International Protection No. 6458. Accordingly, with deportation decision, foreigners can be deported to their home countries, transit countries or third countries.
WHO TAKES THE DECISION OF DEPORTATION?
The deportation decision for any foreigner within Turkey is decided by governorships on their own motions or under the directive of the Directorate General of Migration Management. This decision is notified to the foreigner or its representative or attorney. If there is not an attorney representing the foreigner, the foreigner is informed about the procedure and time for objection on the notice sent. Thus, the foreigner can object to the deportation decision.
OBJECTION TO THE DEPORTATION DECISION
The foreigner or its representative or its attorney may object to the deportation decision within 7 days upon the notification of the decision in administrative courts. The court has to evaluate and decide on the objection within 15 days. The decision of the court in this regard is final. When the objection is made, the deportation is not executed until the court’s decision.
GROUNDS FOR DEPORTATION
A foreigner may be deported in the event that national security is under serious threat or the foreigner poses a threat to national security and public health or if the foreigner does not comply with the administrative responsibilities that have to be performed by it during its entrance, residence and working in Turkey.
These are the grounds for deportation;
- If the foreigner is sentenced to 2- year or more imprisonment according to the Turkish Penal Code,
- If the foreigner is the director, member or supporter of an terrorist organization or of a profit-oriented criminal organization,
- If the foreigner employs false information or forged documents for the transactions made for entrance to Turkey, visa and residence permits.
- If the foreigner earns its living using illegitimate ways.
- If the foreigner poses a threat to the public order, security and public health.
- If the expiry of the visa period or visa exempt of the foreigner exceeds 10 days or the visa is cancelled,
- If the foreigner with residence permit continues to reside in Turkey more than 10 days after the expiry of the residence permit without a justified reason,
- If the foreigner works in Turkey without work permit,
- If the foreigner violates the regulations for entrance to and exit from Turkey,
- If the foreigner is in Turkey although it is prohibited to enter Turkey,
- Foreigners whose international protection application is rejected, who are excluded from international protection, whose application is found inadmissible, whose application is deemed as withdrawn, whose international protection ends or is cancelled ,and who has no right to stay in Turkey in the final decision and whose residence permit extension is rejected and who does not leave Turkey within 10 days upon it.
A foreigner can be only deported relying on one or more of the reasons stated above. And, foreigners with international protection status or with the applicant status having such protection conditions can only be deported under the following situations;
- If there are strong indications that the foreigner poses a threat for national security.
- If the foreigner is sentenced to a punishment with a final judicial decision from a crime that poses a threat for the public order.
FOREIGNERS FOR WHOM NO DEPORTATION DECISION CAN BE TAKEN
The Law on Foreigners and International Protection stipulates that certain foreigners cannot be deported although there exist grounds for taking a deportation decision
These foreigners cannot be deported ;
- If there are strong indications that the foreigner will suffer from the capital punishment, torture or cruel and unusual or dishonorable punishment or treatment if it is deported,
- If it will be risky if the foreigners travels because of serious heath problem, age or pregnancy.
- For foreigners who has an ongoing treatment in Turkey for life-critical diseases, if there is no treatment possibility in the country where the foreigner will be deported.
- The victims of human trafficking, who benefits from the victim support process,
- Foreigners who are the victim of psychological, physical or sexual violence until their treatment are completed.
THE INVITATION FOR ABANDONING TURKEY
Once it is decided that the foreigner has to be deported, 15 days is given to the foreigner so that it will abandon Turkey. This time can be extended up to 30 days. However, no time is given for abandoning to foreigners who may run away or get lost, who violate entrance and exit rules, who employs forged documents, who gets or try to get residence permit using false documents and who poses a threat to the public order, security or public heath.
Attorney Ozan Soylu Law office offers its clients counselling services on deportation decisions for foreigners and administrative detention. Our office will help you with the objection process and legal proceedings.
For more detailed information about Deportation, you can contact us on our contact page.