The cancellation of a deportation order can be achieved by filing a lawsuit within 7 days from the notification of the decision to the foreigner or their lawyer. The deportation process is halted with the filing of the lawsuit. Additionally, another method to cancel the Deportation (deport) Order is the legitimate visa exceptionally given to foreigners for family reunification, education, or health reasons. There is no 7-day period in this procedure.
What is a Deportation Order?
Deportation or deport has significantly become a topic of discussion after a high influx of foreign population entering the country. It can be defined as the deportation of foreign nationals or stateless persons who have entered Turkey legally or illegally, for certain reasons specified under the Law on Foreigners and International Protection. The individual subject to a deportation order is sent to their home country, the transit country they will go to, or a third country. Along with this order, an entry ban to the country is imposed on the foreigner. The duration of the entry ban varies depending on the reason for which the deportation order was issued.
Who Can Be Deported?
Who can be subject to a deportation order from Turkey is regulated under Article 54 of the Law on Foreigners and International Protection. According to this article;
Those who receive a prison sentence for the crime they committed,
Leaders, members, supporters of terrorist or criminal organizations,
Those who use false information and counterfeit documents in the procedures for entry, visa and residence permits,
Those who sustain their livelihood in illegitimate ways during their stay in Turkey,
Those posing a threat in terms of public order, public safety, or public health,
Those who exceed the visa or visa exemption period by more than 10 days or those whose visas have been canceled,
Those whose residence permits have been canceled,
Those who violate the duration of residence permit by more than ten days without a justifiable reason after the expiration of the permit,
Those found to be working without a work permit in Turkey,
Those who violate the legal entry-exit provisions to Turkey,
Those found to have come to Turkey despite an entry ban,
Those who cannot benefit from international protection and do not have the right to stay in Turkey,
Those who do not exit Turkey within 10 days in case of refusal of residence permit extension application,
Those about whom there are serious indications of posing a threat to national security or those who commit a crime posing a threat to public order and are sentenced,
can be subject to a deportation order. However, this decision does not directly lead to the execution of the deportation process. Initially, there is a 7-day objection period after the decision is notified to the foreigner or the foreigner's lawyer. A cancellation lawsuit can be filed with the relevant administrative court before this period expires, and the deportation process will be halted until the end of the lawsuit. In other words, the deportation (deport) process cannot be executed until the court decision is finalized.
Foreigners Who Cannot Be Deported
Even if the above-mentioned cases arise, some foreigners cannot be subjected to a deportation order. It does not matter whether they meet one or several of these reasons. These individuals, who cannot be deported, are also regulated in Article 55 of the aforementioned law. Accordingly;
Those who have serious indications of being subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they would be deported,
Those for whom travel is seen as risky due to serious health problems, age, and pregnancy status,
Those who have no treatment opportunities in the country to which they will be deported while their treatment for life-threatening diseases is ongoing,
Victims of human trafficking benefiting from victim support processes,
Victims of psychological, physical or sexual violence until their treatments are completed,
cannot be subjected to a deportation order. These individuals can be required to reside at a specified address or make notifications in the desired form and periods.
Deportation Process and Necessary Procedures
Primarily, the deportation process begins with the issuance and notification of the deportation order to the foreigner or their lawyer. It's not possible to talk about a deportation process if a deportation order hasn't been issued. Once the deportation order is issued and notified to the foreigner, the deportation process will have begun. During this process, if the individual files a lawsuit for the cancellation of the deportation order, the deportation process will be halted. However, if they don't, a period of 15 to 30 days is given for them to leave Turkey, as stated in the deportation order. But this period,
for those with a risk of escape-disappearance,
for those violating entry-exit rules,
for those using counterfeit documents,
for those attempting to obtain or found to have obtained a residence permit with false documents,
for those posing a threat in terms of public order, public safety or public health,
will not be granted. These foreigners will be directly taken to removal centers with an Administrative Supervision Decision. Moreover, Administrative Supervision Decisions are also made for individuals who do not leave the country within the given period despite the initiation of the departure invitation process and they are taken to removal centers. During the Administrative Supervision process, if the deportation procedures are completed, the person will be taken to border gates by law enforcement officers and deported.
What is Administrative Supervision Decision?
Administrative Supervision Decision is a decision that ensures the detention of foreigners in removal centers initially limited to 6 months regarding those who have a deportation order and have a risk of escape-disappearance, violate entry-exit rules, use counterfeit documents, attempt to obtain or are found to have obtained a residence permit with false documents, pose a threat in terms of public order, public safety or public health, or violate the departure invitation process until they are deported. If the deportation procedures cannot be completed due to the foreigner at the end of the 6-month period, the Administrative Supervision period can be extended for another 6 months.
The necessity of the continuation of Administrative Supervision is evaluated regularly every month by the governorship that made the decision. If the continuation of Administrative Supervision is deemed unnecessary, it will be terminated with a new decision. Additionally, if deemed necessary, the aforementioned 30-day period can be decided upon immediately.
Legal Remedies Against Administrative Supervision Decision
Foreigners against whom an Administrative Supervision Decision has been taken can appeal against this decision at the Magistrates' Criminal Courts. The appeal can be made directly to the court or it can also be submitted to the relevant immigration authority to be sent to the court. There is no specific time limit for this appeal. Even if the appeal is rejected, any change in the conditions is sufficient for re-application to the court.
The appeal can be made by the foreigner themselves or their legal representative, and if represented by a lawyer, the lawyer can also make the appeal. A decision regarding the appeal will be given within 5 days after the appeal is made. Applying to the court will not halt the Administrative Supervision process.
It's essential to state that legal representation is provided to those who appeal against the Administrative Supervision procedure at the court, and who do not have the means to cover attorney fees, upon their request.
Alternative Obligations to Administrative Supervision
For those who may be subjected to Administrative Supervision decisions or those who legally complete the Administrative Supervision period of 6 months + 6 months, a total of 12 months, one or more alternative obligations can be imposed. These alternative obligations include;
Residing at a specific address
Notification
Family-based return
Return counseling
Volunteering in community service
Security deposit
Electronic monitoring
The duration of these alternative obligations can be up to a maximum of 24 months. Like the Administrative Supervision decision, these can be appealed at the Magistrates' Criminal Courts. Moreover, additional obligations can be imposed or removed at any time based on the change of circumstances. If the foreigner fails to fulfill the alternative obligations imposed on them, an Administrative Supervision decision can be taken against them.
Filing a Lawsuit Against the Deportation Decision
In order to annul the deportation decision issued by the governorship, it is necessary to file a lawsuit in the administrative court. The lawsuit needs to be filed within 7 days after the Deportation Decision has been served to the foreigner, their legal representative, or attorney. Once the lawsuit is filed, the deportation procedures are automatically halted, hence the foreigner cannot be deported.
It's crucial to note that although there is a 7-day period to file a lawsuit as per the legal provision, oftentimes, deportation procedures are carried out unexpectedly within this 7-day period. Therefore, our recommendation is to be vigilant from the moment the foreigner makes entry to the immigration office and to file the annulment lawsuit and notify the relevant immigration office as soon as the decision is made. Otherwise, a difficult-to-reverse process will commence.
The annulment lawsuit should be filed against the governorship that made the decision, at the administrative court located in the area where the respective governorship is situated. For this lawsuit, there is no need to request a stay of execution. By law, the administrative procedure will halt automatically.
The decision given by the administrative court is final and cannot be appealed or reviewed. Therefore, it's important to adhere to procedural transactions both in terms of timeframes and before and during the lawsuit. If the lawsuit is dismissed, the foreigner will be deported directly.
Furthermore, the deportation decision can also be lifted with a Visa with Justification. This allows the foreigner's entry into the country. Visas with Justification are exceptionally granted to foreigners for family reunification, education, and health reasons.
The Importance of a Lawyer for Appealing Deportation and Administrative Supervision Decisions
Deportation and Administrative Supervision decisions are considered critical decisions that directly affect the legal status and the rights to stay in the country of foreign individuals, carrying a risk of being deported. The necessity of tracking legal processes, procedural transactions, and timeframes regarding such decisions brings vital importance to legal services in this area.
In lawsuits for the annulment of Deportation Decision and lifting the Administrative Supervision Decision, lawyers play a significant role in protecting the rights and interests of their clients, providing legal justification, and correctly and completely executing procedural transactions. The accurate management of the legal process and effective provision of legal justification for the lawsuit and appeal are vital for achieving positive outcomes against deportation and administrative supervision decisions. Otherwise, the risk of foreign individuals being deported or staying under administrative supervision in return centers for an extended period, and their inability to effectively defend their legal rights is likely. Therefore, following up with a lawyer in deportation and administrative supervision transactions involving a foreign element will prevent potential loss of rights to a significant extent.
Frequently Asked Questions
Is a lawyer mandatory?
There is no requirement for a lawyer for either filing a lawsuit for the annulment of the deportation decision or for making an appeal against the administrative supervision decision. However, receiving support from a lawyer specializing in foreigner law will prevent loss of rights during the process.
A Deportation Decision has been made against me, what should I do?
If a deportation decision has been issued against you, you have the right to file a lawsuit for the annulment of the deportation decision. You need to file the lawsuit at the administrative court located where the governorship that made the decision is located, within 7 days after the decision has been served.
A deportation decision has been made against me. Will I definitely be deported?
The issuance of a deportation decision does not necessarily mean you will be deported. The process will be halted if you file a lawsuit within your right to do so. Whether or not you will be deported will be determined based on the outcome of the lawsuit.
My residence permit has expired, will I be deported? A deportation decision can be made against you if there isn't an acceptable reason (such as medical treatment) for your overstay.
I entered illegally, will a deportation decision be made against me?
Yes, deportation decisions are made against foreigners who enter or exit Turkey illegally.
I have been invited to leave, within how much time should I leave? During the invitation to leave process, a departure period ranging from 15 to 30 days should be provided to you. With the “Exit Permit Document” given to you, you should carry out ticketing transactions and leave the country without paying any duty.
I am pregnant, will the deportation procedure be applied?
Being pregnant alone is not a barrier to a deportation decision. However, deportation decisions cannot be made against individuals for whom traveling is dangerous due to serious health issues, old age, or pregnancy. If your pregnancy prevents you from traveling, you will not be deported as a deportation decision cannot be made.
I am receiving treatment, will I be deported?
It depends on the situation. You will not be deported if there are no treatment facilities in the country you will be deported to, or if you are receiving treatment because you are a victim of psychological, physical, or sexual violence. Otherwise, you may be deported.
After the deportation decision has been made, for how long can I not enter Turkey?
The duration varies depending on the reasons why the deportation decision was made. It can range from 1 month to 5 years.
I have been deported, I want to enter Turkey again, how can it be done?
Firstly, an entry ban may have been imposed due to the deportation decision. You can enter once these periods have passed.
Additionally, you can enter Turkey through a Visa with Justification. Visa with Justification is exceptionally granted to foreigners for family reunification, education, and health reasons.
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