Introduction
In Turkey, deportation (removal) decisions issued against foreign nationals have become more frequent in recent years due to increased migration movements. However, many people are unaware that such decisions are not automatic or final and that there are legal remedies available to challenge them.
This article explains in detail what a deportation decision means, under which circumstances it is issued, how the seven-day appeal period works, and which types of evidence are effective for a successful annulment case.
A deportation decision is an administrative act ordering the removal of a foreign national from Turkey, on the grounds that their legal right to stay has ended or that they pose a threat to public order, public security, or public health.
Such decisions are made by the governorates under Article 54 of Law No. 6458 on Foreigners and International Protection and are implemented by the Presidency of Migration Management.
Common Reasons for Deportation Decisions
|
Reason |
Explanation |
|
Revocation or expiry of residence permit |
The visa or residence period has expired, or the person has been found to be staying illegally. |
|
Use of forged documents or false statements |
Fraud detected in marriage, student, or work-permit documentation. |
|
Threat to public order or security |
Involvement in terrorism, organized crime, or activities harmful to public order. |
|
Criminal conduct or post-sentence release |
Deportation proceedings may begin after a foreigner’s release from prison. |
|
Illegal entry / forged visa / unregistered work |
Common among foreigners working without authorization on tourist visas. |
|
MASAK or financial investigations |
Suspicious transactions or money-laundering allegations may lead to deportation. |
The law prohibits deportation in certain situations (Article 55 of Law No. 6458). Foreigners cannot be deported if:
If deportation is ordered despite these conditions, an annulment lawsuit must be filed, emphasizing humanitarian grounds.
When a deportation decision is made, it is delivered in writing by the Migration Management or law-enforcement officers.
If no lawsuit is filed within seven days of notification, the decision becomes final and enforceable.
Procedural Steps
Important:
If no lawsuit is filed within seven days, the person will be deported from Turkey. Therefore, an application through a lawyer should be made immediately upon notification.
a) Time Limit and Jurisdiction
b) Elements Required in the Petition
c) Court Proceedings
The court generally concludes the case within one year.
If the deportation decision is annulled, it becomes legally void, and the foreigner’s re-identification procedures begin.
If the claim is rejected, extraordinary remedies such as individual application to the Constitutional Court or to the European Court of Human Rights (ECHR) may be pursued.
Some deportation decisions are annulled due to procedural or proportionality defects. The following points are particularly important:
|
Strategic Issue |
Explanation |
|
Procedural defects |
Lack of proper notification, absence of interpreter, or denial of the right to defense. |
|
Disproportionality |
The measure of deportation is not proportionate to the alleged act. |
|
Family ties |
Marriage to or children with Turkish citizens can justify protection of family unity. |
|
Health condition |
Serious illness, ongoing treatment, or advanced age. |
|
Education or employment |
Ongoing studies or lawful employment in Turkey. |
|
Humanitarian protection |
Risk to life or safety in the country of return. |
When a deportation decision is issued, the foreigner is taken to a removal center.
The detention period may not exceed six months, extendable once for another six months (6 + 6 months).
During detention:
If the detention period is exceeded or extended unlawfully, an objection can be filed before the competent Criminal Judge of Peace.
A deportation decision is a serious administrative measure that directly affects an individual’s life.
However, with timely action, an effective legal defense, and professional representation, such decisions can be annulled or lifted.
Filing a lawsuit within the seven-day period before the competent administrative court is the strongest legal remedy to protect the right to remain in Turkey.
1. What is a deportation decision?
It is an administrative measure ordering the removal of a foreign national from Turkey on the grounds that their legal right to stay has expired or that they pose a threat to public order, security, or health.
The decision is issued by the governorate and executed by the Presidency of Migration Management.
2. In what cases is a deportation decision issued?
A deportation decision may be issued in the following circumstances:
3. Can every foreigner be deported?
No. Deportation is prohibited in certain circumstances, such as:
4. How is a deportation decision notified?
The decision is served in writing to the foreigner or their attorney.
It must include the legal grounds, justification, and the seven-day period for filing a lawsuit.
Notification must be made with the assistance of an interpreter.
5. What is the time limit to challenge a deportation decision?
The foreigner or their attorney must file an annulment lawsuit within seven days from the date of notification.
This is a strict statutory deadline; if missed, the decision becomes final, and the person loses the right to appeal and will be deported once travel arrangements are made.
6. Does filing a lawsuit suspend deportation?
Yes.
Under Law No. 6458, once a lawsuit is filed, the deportation process is automatically suspended.
The person cannot be deported while judicial proceedings are ongoing.
7. Which court is competent to hear the deportation case?
The administrative court in the province where the governorate issued the decision has jurisdiction.
8. How long does the court take to decide?
On average, the case is concluded within one year, depending on the court’s workload and the specifics of the file.
9. What happens if the deportation decision is annulled?
If annulled, the foreigner continues to reside legally in Turkey.
The entry ban and restriction (code) are also lifted.
10. Is hiring a lawyer mandatory?
If the person is not detained, it is not mandatory but strongly advised.
If the person is detained in a removal center, only a lawyer may file the case.
Given the short time limit and procedural complexity, professional legal assistance is highly recommended.
11. What if the reason is “public security”?
Public-security justifications must be based on concrete evidence.
If the decision relies on vague or abstract grounds, courts often annul it based on the principle of proportionality.
12. Can a person re-enter Turkey after annulment of deportation?
Yes.
After annulment, the person may re-enter Turkey with a special (justified) visa or with the approval of the Migration Management.
13. Can a person under a deportation decision be kept in a removal center?
Yes.
If there is a risk of absconding or a detention order, the person may be kept in a removal center for up to six + six months.
Those who do not file a lawsuit are deported once travel funds are available.
14. What are the rights of a person held in a removal center?
15. Can a person marry or apply for family reunification while under deportation?
No.
Foreigners without lawful residence status cannot marry or apply for family reunification in Turkey.
16. Can a deportation decision be lifted for health reasons?
Yes.
Foreigners whose treatment continues in Turkey or who cannot receive adequate medical care in their home country may have the decision lifted on humanitarian grounds.
17. How long does an entry ban last?
The period usually ranges from one to five years, but in cases involving public-security concerns, it may extend up to ten years.
18. Can an application be made to the European Court of Human Rights (ECHR)?
Yes.
After exhausting domestic remedies, the individual may apply to the ECHR claiming violations of the right to life, family unity, or the prohibition of torture.
19. How long does it take to finalize the annulment?
Deportation-annulment cases are generally concluded within one year.
If administrative detention is challenged, release from the removal center may occur within 15 days to six months, depending on circumstances.
Released individuals are usually placed under a signature obligation until the case is finalized.
20. Is a deportation decision the same as an entry ban?
No.
Deportation is the removal from Turkey; an entry ban is the prohibition of re-entry for a certain period.
Both may apply to the same person simultaneously.
21. Does annulment of deportation automatically remove the entry ban?
Usually yes, but in some cases a separate request must be filed with the Migration Management or the Turkish consulate to lift the entry ban.
22. How can a deported person return to Turkey?
They may apply for a justified (special) visa based on marriage, family unity, medical treatment, education, or humanitarian reasons.
Applications are made through Turkish consulates abroad.
If there is no compelling reason, the request is typically refused, and the person must wait until the entry ban expires.
23. Can a person with a deportation order get married in Turkey?
No.
Since the person has no lawful status, marriage procedures cannot be performed.
24. Does a deportation order affect citizenship applications?
Yes.
Individuals subject to deportation or an entry ban cannot apply for Turkish citizenship until the order is annulled or lifted.
25. What is a “restriction code” (ban code)?
It is an electronic alert in the migration system that restricts a foreigner’s entry or stay. Examples include:
26. Can a person with a deportation order travel to another country?
Yes.
After leaving Turkey, they may travel legally to other countries, but some states may take the deportation record into account when assessing visa applications.
27. Can a deportation order be annulled for reasons of family unity?
Yes.
If the person is married to a Turkish citizen or has a child born in Turkey, deportation may be annulled as it violates the right to family life.
Courts often base their decisions on proportionality and human-rights considerations.
28. What happens if a deported person re-enters Turkey illegally?
Such entry is a criminal offense.
If detected, the person is deported again and may face criminal charges for border violation.
29. Does deportation lead to a criminal case?
No.
Deportation is an administrative measure, not a criminal conviction.
However, if the underlying conduct (for example, forgery, illegal work, or fraud) constitutes a crime, separate criminal proceedings may be initiated.
30. Can deportation and administrative detention decisions be issued together?
Yes.
Foreigners considered at risk of absconding or a threat to public security may be detained in removal centers such as Akyurt, Tuzla, Çatalca, or Binkılıç.
31. Can a person be released before deportation is executed?
Yes.
If the lawyer objects to the detention before the competent Criminal Judge of Peace and the objection is upheld, the court may order the person’s release.
32. Can a foreigner under a deportation order work while the case is pending?
Normally no.
However, if the deportation decision has been annulled, the person may apply for a residence permit and subsequently a work permit.
33. What are the most persuasive pieces of evidence for annulment?
34. How is a stay of execution (suspension) obtained in a deportation case?
It must be explicitly requested in the petition.
If the court believes deportation would cause irreparable harm, it orders suspension of execution.
35. Can the property of a deported foreigner be seized?
No.
Deportation does not affect personal assets.
However, if a MASAK or criminal investigation exists, bank accounts may be frozen under a separate order.
36. What happens if someone enters Turkey before the deportation ban is lifted?
They are stopped at the airport and denied entry.
They will be sent back to the country of departure, and a new entry-ban period may be imposed.
37. Can a deported person make a transit stop in Turkey?
Generally no.
Transit through Turkey may only be allowed within the airport’s transfer area, subject to prior confirmation with the airline and Migration Management.
38. After annulment, can the foreigner obtain a residence permit?
Yes.
Following annulment, the person may apply for a new residence permit — typically family, student, or short-term residence types.
39. Can a person under a deportation order file a citizenship lawsuit?
No.
Citizenship cannot be requested while a deportation order remains in force.
The order must first be annulled or lifted, after which an application may be made under **Law No.
