What is the deport decision about the foreign national? How does the process work?

The deportation process is regulated between Articles 52 and 60 in the Fourth Section of the Second Part of the Foreigners and International Protection Law (YUKK) No. 6458, titled Foreigners, titled Deportation. Deportation decision is made for those who violate the rules regulated in Article 54 of the Law on Foreigners and International Protection.

In this article, it will be mentioned about whom a deportation decision is taken, what needs to be done, what issues need to be considered, and the ways that a foreign national for whom a deportation decision has been taken should apply.

Deportation decision is taken by the governorships on the instructions of the General Directorate or ex officio. The evaluation and decision stage of the deportation decision must be within 48 hours.

Who is deportation decision made about?

Foreigners who are deported within the scope of Article 59 of Law No. 5237,
Foreigners who are directors, members, supporters of a terrorist organization or directors, members, or supporters of a criminal organization,
Foreigners who use false information and fake documents in transactions for entry, visa and residence permits in Turkey,
Foreigners who earn their living illegally during their stay in Turkey,
Foreigners who pose a threat to public order or public security or public health,
Foreigners who have exceeded the visa or visa exemption period for more than ten days or whose visa has been cancelled,
Foreigners whose residence permits have been cancelled,
Foreigners who have a residence permit and have violated the residence permit period for more than ten days without an acceptable reason after the expiry,
Foreigners who are found to be working without a work permit,
Foreigners who violate the provisions of legal entry or exit from Turkey,
Foreigners who are found to have come to Turkey despite being banned from entering Turkey,
Foreigners whose international protection application is rejected, excluded from international protection, whose application is considered inadmissible, whose application is withdrawn, whose international protection status is deemed to have been withdrawn, whose international protection status has expired or been cancelled, who do not have the right to stay in Turkey according to the other provisions of this Law after the final decision.
Among the foreigners whose residence permit extension applications are rejected, those who do not leave Turkey within ten days.

In addition to these, deportation decision is taken for the following persons.

Foreigners who are international protection applicants or have international protection status and have serious indications that they pose a danger to the security of the country (art. 54/2),
Foreigners who are international protection applicants or have international protection status and are convicted of a crime that poses a threat to public order (art. 54/2).

Who are the people who are deported within the scope of Article 59 of Law No. 5237?

Foreign nationals sentenced to imprisonment for a crime committed in Turkey.

These persons can be deported after they benefit from release on probation or after the execution of their sentence is completed, as written in the Turkish Criminal Law. The situation is immediately reported to the Ministry of Interior to evaluate the deportation process.

Who will be notified of the deportation decision?

The decision, together with the reasons, is notified to the foreigner or his legal representative or lawyer for whom a deportation decision has been taken. If the foreigner for whom a deportation decision has been taken is not represented by a lawyer, she/he or him/his legal representative is informed about the outcome of the decision, the appeal procedures, and deadlines. To avoid any loss of rights, it is necessary to contact the foreign lawyer without losing time, if desired.

What are the procedures to be followed by the foreign national whose deportation decision has been notified? Can the deportation order be cancelled?

The deportation order can be cancelled. The foreign national who has been notified of the deportation decision or her/his lawyer must file a lawsuit with detailed justifications within the filing period. It will be in your best interest to follow the process to be carried out with a lawyer specialized in foreigners' law.

Which countries foreign nationals who have been deportation decision are sent to?

Country of origin
Transit to the country of destination
To a third country

Here are some issues that we frequently encounter and question in practice. If the person is under international protection or temporary protection, they cannot be sent to a third country. The only exception to this is that the 3rd country accepts the foreign national who has made the deportation decision and notifies the relevant institutions of the Republic of Turkey. Foreign nationals who are not under international protection and temporary protection are accepted if they have a visa to a third country.

What are the consequences of the deportation decision for foreign nationals?

If a decision to deport the foreigner is taken within the validity period of the visa, the visa will be cancelled.
Rejection, cancellation, or non-extension of short-term residence permit
Rejection, cancellation, or non-extension of the family residence permit request
Rejection, cancellation, or non-extension of the student residence permit request
Entry ban to Turkey
Summons to leave the Turkey for them to leave Turkey,

What is a summons to leave the Turkey?

It is the notification of foreigners to leave Turkey voluntarily, together with the deportation decision. The aim here is to leave the country with the consent of the person. Otherwise, she/he will be deported by the relevant institutions of the Republic of Turkey. The time allowed for a summons to leave the Turkey is between 15 and 30 days. Within these periods, the foreign national must leave Turkey. Persons who are given time to leave Turkey are issued an exit permit. Visa and residence fees and related penalties must be paid before departure.

Which foreign nationals who are summoned to leave the Turkey are not given these periods?

Foreigners who are at risk of escaping and getting lost,
Foreigners who violate legal entry or legal exit rules,
Foreigners using fake documents,
Foreigners who try to obtain a residence permit with unfounded documents or foreigners who are found to have received it,
Foreigners who pose a threat to public order, public security, or public health.

Who are the foreign nationals against whom a deportation decision will not be taken?

Foreigners with serious indications that they will be subject to the death penalty, torture, inhuman or degrading treatment or punishment in the country of deportation.
Foreigners who are at risk to travel due to serious health problems, age, and pregnancy status.
Foreigners who do not have the opportunity to receive treatment in the country to which they will be deported while they are being treated for their life-threatening diseases.
Foreigners who are victims of human trafficking benefiting from the victim support process
Foreigners who are victims of psychological, physical, or sexual violence until their treatment is completed.

Again, there is a situation that we frequently encounter in practice; In all these substances, SERIOUS indications or life-threatening conditions are sought. These persons may be asked to reside at a certain address and to make notifications in the desired form and time. Evaluations within this scope are made separately for everyone. The decision in question is at the discretion of the institution that will make the evaluation. However, if the result of the evaluation is negative, a lawsuit should be filed when deemed necessary. The evaluation of the lawsuit can be cancelled. If the mentioned situations come to an end, a deportation decision will be taken for these foreigners.

How to Fulfill the Deportation Decision?

Foreigners in the removal center are taken to the border gates by the law enforcement unit.
Foreigners who are not in removal centers are taken to 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.

How and by whom will the travel expenses of the foreign national to be deported be covered?

Travel expenses of foreigners to be deported are covered by the foreigner to be deported. The missing part or all of the travel expenses can be paid from the budget of the General Directorate. Unless the expenses incurred by the General Directorate are reimbursed, the foreigner is not allowed to enter Turkey.

Who covers the deportation expenses of the foreign national who is found to be working although he/she does not have a work permit?

The employer or employer's representatives who employ the foreigner without permission have obligations regarding the deportation proceedings of the foreigner. The employer who employs the foreigner who does not have a work permit has to cover some expenses and expenses other than the administrative fine. The employer or employer's representative must cover the accommodation expenses of the spouse and children, if any, of the foreigner to be deported, the expenses necessary for their return to their country, and health expenses when necessary.

What are the points to be considered?

The foreign national who has been given a deportation decision must file a lawsuit within the time limit when the decision is notified. Since the cases that are not filed in due time will be rejected, the foreign national must file a lawsuit without losing time, either by herself/himself or by a lawyer.
To terminate the administrative detention decision for the foreign national held in the removal center, a reasoned objection must be made to the relevant court either by himself/herself or by him/her lawyer.
One of the most common mistakes in practice is that the foreigner who leaves the removal center does not file a lawsuit against the deportation decision. When the foreign national leaves the removal center, he/she thinks that the process is over. However, in practice, the deportation decision is active for all foreign nationals held in the removal center and then released. The fact that these people will be deported if they are detected by law enforcement and related institutions is an issue that most foreign nationals overlook and do not know. Foreign nationals are deported if they are found to be able to move within the borders of Turkey without canceling the deportation decision.
Two different decisions are taken by the governorates and related institutions about the foreign national held in the removal center. The first is the deportation decision and the second is the administrative detention decision. For this reason, two different lawsuits must be filed and followed up. Again, in practice, the foreign national does not know about this issue and may encounter legal problems in the future.
It is another unknown issue that foreign nationals working without a work permit will be deported.
All these issues such as the lawsuit to be filed against the deportation decision, the objections to be made for the release of the foreigner held in the removal center, should be followed up through an expert Ankara Refugee Lawyer, Istanbul Refugee Lawyer, Izmir Refugee Lawyer, Hatay Refugee Lawyer and Antalya Refugee Lawyer.
Keleş Law and Consultancy Office acts as the lawyer of many Syrian lawyers, Afghan lawyers, Iraqi lawyers and citizens of many countries who have been deported or held in the Removal Center.