This study provides a comprehensive analysis of the deportation (expulsion) decision, annulment procedures, administrative detention, entry ban, and the legal rights of foreigners, within the framework of the legislative information note for Law No. 6458 on Foreigners and International Protection (YUKK) and relevant judicial decisions.
1. What is a Deportation (Expulsion) Decision?
A deportation decision is an administrative procedure that ensures foreigners whose presence in Turkey is deemed contrary to the law or problematic in terms of public order/security are sent to their country of origin, a transit country, or a third country (YUKK Art. 52). The decision is made upon the instruction of the Directorate General of Migration Management or ex officio by the governorships (YUKK Art. 53/1). As emphasized in the decisions of the Constitutional Court (AYM), the entry, residence, and expulsion of foreigners from the country are considered within the scope of the state’s sovereign authority in international law (AYM 7/9/2021).
2. In Which Cases is a Deportation Decision Issued?
Pursuant to YUKK Art. 54, the cases in which a deportation decision may be issued are restrictively enumerated in the law, and the main situations reflected in judicial decisions are as follows:
Public Safety in Connection with Terrorist and Criminal Organizations: Decisions are made regarding those who are leaders, members, or supporters of terrorist organizations, and those who pose a threat to public order/safety. In judicial decisions, situations such as connection to the ISIS terrorist organization (Constitutional Court 15/2/2023, Constitutional Court 27/1/2021), Interpol red notices and drug trafficking charges (Council of State 10th Chamber 2023/4836 ), and endangering traffic safety by driving under the influence of alcohol (Constitutional Court 4/10/2023) have been evaluated within this scope.
Visa, Residence, and Entry-Exit Violations: Deportation decisions are issued for those who overstay their visa or residence permit by more than 10 days, those whose residence permit extension application is rejected and who do not leave within 10 days (Council of State 10th Chamber 2023/6291 ), and those who enter or exit Turkey unlawfully (Izmir 1st Administrative Court 2020/535 , Constitutional Court 21.01.2025).
Use of Forged Documents: Those who use forged documents in entry and visa procedures (e.g., suspicion of a forged South African visa – Istanbul Regional Administrative Court 10th Administrative Disputes Chamber 2019/496 ).
Rejection/Withdrawal of International Protection Application: Those whose application has been rejected or whose application is considered withdrawn due to violating the notification (signature) obligation three consecutive times (Kırıkkale Administrative Court 2020/359 , Constitutional Court 11/3/2020).
3. Lawsuit Against Deportation Decision and 7-Day Period
Deportation decisions are subject to judicial review.
Period for Filing a Lawsuit: Pursuant to YUKK Art. 53/3, the foreign national or their legal representative/lawyer can file an annulment lawsuit with the administrative court within 7 days from the notification of the decision. (Note: In old regulations and court decisions before 2019, this period was 15 days, and it has been reduced to 7 days with Law No. 7196 – Constitutional Court 15/3/2022, Constitutional Court 23/2/2022).
Trial Period and Finality: The administrative court concludes the application within 15 days. The court’s decision is final; there is no right to appeal or cassation (Council of State 10th Chamber 2016/83 ).
Automatic Suspension Effect: The filing of a lawsuit automatically suspends the deportation process until the conclusion of the proceedings, provided that the foreign national’s consent is reserved. In the Constitutional Court’s decisions, it was emphasized that the automatic suspension effect of an annulment lawsuit after the amendment made by Law No. 7196 constitutes “an effective remedy” (Constitutional Court 15/3/2022).
4. Administrative Detention and Removal Centers (RRCs)
Among those for whom a deportation decision has been made; those who pose a flight risk, violate entry-exit rules, or pose a threat to public security are placed under administrative detention by a provincial governor’s decision and held in Removal Centers (RRCs) (YUKK Art. 57 and 58).
Duration: The administrative detention period is a maximum of 6 months. If the foreign national does not cooperate, this period can be extended by a maximum of 6 more months (Total maximum 1 year) (Constitutional Court 27/1/2021).
Right to Appeal: An appeal can be made to the Criminal Judgeship of Peace against the administrative detention decision. The judge concludes the review within 5 days, and the decision is final. There are examples in judicial decisions where individuals without a restriction record were released upon appeal (Constitutional Court 21.01.2025).
Right to Compensation: In cases where administrative detention is unlawful (e.g., annulled by a criminal judgeship of peace), the foreigner has the right to claim compensation by filing a full remedy lawsuit in administrative courts (Constitutional Court 21.01.2025, Constitutional Court 27/1/2021).
Alternative Obligations: Instead of administrative detention, alternative obligations such as residing at a specific address or reporting can be imposed (Article 57/A of the Law on Foreigners and International Protection).
5. Entry Ban to Turkey
An entry ban decision is issued by the Governorate or the Directorate General of Migration Management for foreigners who have been deported (Article 9 of the Law on Foreigners and International Protection). This period, which is generally a maximum of 5 years, can extend up to 15 years in cases of serious security threats.
Restriction Codes: In practice, entry bans are processed with restriction codes. For example, the code “G-87” is used for general security threats (Constitutional Court 15/2/2023), and the codes “Ç-113” or “Ç-120” are used for visa violations.
Principle of Proportionality: In the decision of the 10th Chamber of the Council of State (2016/15371 ), while an entry ban of at most 1 year should have been applied to a foreigner who violated their visa and wished to leave the country by informing the administration, imposing a 5-year entry ban without notification was found unlawful and annulled.
Despite having an entry ban, those who enter Turkey are a direct cause for deportation (YUKK art. 54/1-i).
6. Legal Rights of Foreigners and Those Who Cannot Be Deported
The fundamental rights of foreigners are guaranteed by the Constitution (art. 16, art. 17) and international agreements.
Prohibition of Return (Non-refoulement): According to YUKK art. 4 and art. 55, even if a foreigner falls within the scope of art. 54 (terrorism, public security, etc.); those for whom there is serious evidence that they will be subjected to the death penalty, torture, or degrading treatment in the country they will be sent to cannot be deported. In judicial decisions, deportation orders issued by the administration without individually investigating the conditions of the country of origin (for example, the risk of conflict and persecution in Afghanistan or Syria) have been found unlawful and annulled (Edirne Administrative Court 2021/1492 , İzmir 1st Administrative Court 2020/469 , Zonguldak Administrative Court 2021/880 ).
Unaccompanied Minors: The best interest of the child is paramount. In cases of doubt regarding age determination, it is unlawful to proceed with deportation by deeming the child an adult without a comprehensive physical and psychological assessment (Kocaeli 1st Administrative Court 2022/45 ).
Information and Legal Aid: When a deportation decision is served, the foreigner must be informed of the appeal procedures and deadlines in a language they understand (CC 02.07.2025). For those unable to afford a lawyer, legal aid can be requested to provide a lawyer, without requiring reciprocity (CC 14.10.2025).
7. Findings Obtained from Secondary Sources
Upon reviewing secondary sources that provide limited information in decision texts, the following additional contexts have been identified:
Notification and Statute of Limitations Issues: In the decisions of the Constitutional Court (AYM) regarding Keremu Asimuguli (17.07.2025) and Majid Yarizadeh (26/5/2021), it has been observed that annulment lawsuits filed in administrative courts due to foreigners not having MERNİS addresses or facing notification problems were dismissed on grounds of exceeding the time limit or being deemed not filed. In both cases, the administration subsequently revoked its deportation orders, and the AYM dismissed the applications as there was no current victimhood.
Jurisdictional Disputes: In the decision of the Council of State, 10th Chamber (2024/3653), it has been confirmed that in annulment lawsuits filed against deportation decisions, the court in the locality where the administrative body that issued the action is located (for example, Istanbul Administrative Court for an action by the Istanbul Governorship) has jurisdiction. Secondary sources do not provide detailed grounds regarding the 7-day period, administrative detention, or entry bans.
Frequently Asked Questions
Deport kararına karşı dava açma süresi kaç gündür?
Sınır dışı etme kararına karşı, kararın tebliğinden itibaren yalnızca 7 gün içinde idare mahkemesinde dava açılmalıdır. Bu süre hak düşürücüdür. Süre geçirilirse dava açma hakkı kaybedilir.
Deport kararına dava açınca sınır dışı işlemi durur mu?
Evet. Deport kararına karşı süresi içinde dava açılması halinde, mahkeme karar verene kadar sınır dışı işlemi otomatik olarak durur. Bu, yabancılar açısından hayati bir hukuki güvencedir.
Geri Gönderme Merkezinde (GGM) ne kadar tutulabilirim?
İdari gözetim süresi kural olarak en fazla 6 ay, zorunlu hallerde ise en fazla 1 yıla kadar uzatılabilir. Ancak hukuka aykırı gözetim kararlarına karşı Sulh Ceza Hakimliğine başvurarak serbest kalmak mümkündür.
WHY IS EXPERT LAWYER SUPPORT NECESSARY?
Deportation processes are very short periods (especially 7 days) and highly technical legal processes involving serious consequences (entry ban to the country, restriction of freedom). Therefore, professional support is critically important:
1. Loss of Rights is Certain if Deadline is Missed
If the 7-day litigation period is missed, the deportation decision becomes final, and return often becomes impossible.
2. Case Strategy is of Vital Importance
Every deportation case is different.
Public security grounds
Visa violation
Fake document
Rejection of international protection. Each requires a separate defense strategy.
3. GGM Process Requires Professional Follow-up
For individuals in the removal center:
Lifting of administrative detention
Application for release
Requests for alternative obligations can only be effectively pursued with an experienced lawyer.
4. Protection Against the Risk of Sending to the Wrong Country
Under non-refoulement (prohibition of forced return), the person should not be sent to a country where their life is at risk. Establishing this defense correctly requires expertise.
5. Lifting Restriction Codes and Entry Bans
The lifting of codes such as G-87, Ç-120 is a separate legal process and requires technical knowledge.
