Turkey Deportation Rules – Attorney Ozan Soylu

Turkey has a complex and evolving immigration policy shaped by its geopolitical location, historical ties, and economic interests. As a country bordering Europe, Asia, and the Middle East, Turkey has long been a transit and destination country for migrants and refugees from various regions. The Turkish government regulates the entry, stay, and exit of foreigners through a comprehensive legal framework that includes the Law on Foreigners and International Protection (LFIP) and related regulations.

Foreign nationals wishing to stay in Turkey for various purposes, such as work, study, or tourism, are required to obtain the necessary permits and visas. The duration and conditions of stay vary depending on the purpose and nationality of the foreigner. Overstaying a visa, engaging in unauthorized employment, or violating other immigration laws can lead to administrative sanctions, including deportation.

Deportation, also known as removal or expulsion, is the act of forcibly removing a foreign national from a country’s territory. In Turkey, deportation is a measure of last resort, typically applied to individuals who pose a threat to public order, national security, or public health, or who have violated immigration laws. The decision to deport is made by administrative authorities or courts, and individuals subject to deportation have the right to appeal and seek legal counsel.

Reasons for Deportation:

The legal basis for deportation in Turkey is primarily found in the Law on Foreigners and International Protection (LFIP) and its related regulations. These laws outline the various grounds for deportation, which can be broadly categorized as follows:

Violation of Visa Conditions: This includes overstaying a visa, working without a work permit, or engaging in activities not permitted by the visa type. For example, a tourist visa holder who engages in employment without obtaining a work permit may be subject to deportation.

Criminal Offenses: Foreign nationals convicted of certain crimes in Turkey may be deported. The severity of the crime and the length of the sentence often influence the decision to deport. Examples include drug trafficking, human trafficking, theft, fraud, and violent crimes.

Threat to Public Order or Security: Individuals deemed a threat to public order, national security, or public health may be deported. This category can encompass a wide range of activities, such as involvement in terrorism, espionage, or organized crime. Additionally, individuals who incite violence or hatred, or who pose a risk to public health due to communicable diseases, may also be subject to deportation.

Other Grounds: In addition to the above, there are other grounds for deportation, such as providing false information during the visa application process, engaging in sham marriages, or being involved in activities that undermine national interests.

Each deportation case is unique, and the decision to deport is made on a case-by-case basis, taking into account the specific circumstances and the severity of the violation. The Turkish authorities have the discretion to determine whether deportation is warranted in each case.

Deportation Procedure:

The deportation process in Turkey is initiated by a decision issued by the governorates, acting upon the recommendations of law enforcement agencies or other relevant authorities. In some cases, the decision may be made by a court, particularly when the deportation is based on a criminal conviction.

Individuals subject to deportation have the right to appeal the decision before administrative courts. They are also entitled to legal representation and can hire a lawyer to assist them throughout the process. The appeal process may suspend the execution of the deportation order until a final decision is reached by the court.

Upon receiving a deportation order, individuals are typically given a period of 15 to 30 days to leave the country voluntarily. If they fail to depart within this timeframe, they may be detained in a removal center pending their deportation. These centers are operated by the Directorate General of Migration Management and provide temporary accommodation for individuals awaiting deportation.

The actual deportation process involves escorting the individual to a port of exit, such as an airport or border crossing, and ensuring their departure from Turkey. In some cases, the individual may be accompanied by law enforcement officials during the journey.

After Deportation:

Following deportation, individuals are typically subject to a re-entry ban to Turkey. The duration of the ban varies depending on the grounds for deportation and the individual’s circumstances. In some cases, the ban may be indefinite, while in others, it may be lifted after a certain period.

Individuals who wish to return to Turkey after being deported can apply for a visa or residence permit. However, their previous deportation will be taken into consideration during the application process, and it may negatively impact their chances of approval. In some cases, individuals may be required to obtain special permission from the Ministry of Interior before they can re-enter Turkey.

The impact of deportation on future visa applications can vary depending on the country and the specific circumstances. In general, a history of deportation can make it more difficult to obtain visas for other countries, as it may raise concerns about the individual’s compliance with immigration laws and potential risk to public order or security.

Special Considerations:

Refugees and Asylum Seekers: Turkey is a signatory to the 1951 Refugee Convention and its 1967 Protocol, which provide protection to individuals fleeing persecution. As such, refugees and asylum seekers who meet the criteria for international protection cannot be deported to countries where their lives or freedom would be threatened. However, they may be subject to refoulement (forced return) if they are found to pose a serious threat to national security or have committed serious crimes.

Children and Families: Deportation of children and families raises unique concerns, as it can have a significant impact on the well-being and development of children. Turkish law recognizes the best interests of the child as a primary consideration in deportation cases involving minors. Efforts are made to keep families together whenever possible, and alternative measures, such as voluntary return or temporary suspension of deportation, may be explored.

European Convention on Human Rights and International Law: Turkey is a party to the European Convention on Human Rights (ECHR), which prohibits the collective expulsion of foreigners and guarantees the right to an effective remedy against deportation decisions. International law also prohibits the deportation of individuals to countries where they would face torture, cruel, inhuman, or degrading treatment or punishment. Turkish courts and administrative authorities are bound by these international obligations when making decisions regarding deportation.

Conclusion:

For foreign nationals residing in or visiting Turkey, it is crucial to adhere to the terms of their visas and residence permits, abide by the law, and avoid any activities that could jeopardize their legal status. Seeking professional advice from immigration lawyers or consultants can help individuals navigate the complexities of Turkish immigration law and avoid potential pitfalls that could lead to deportation.

 

“Please contact us for legal advice regarding deportation decisions in Turkey.”