Introduction

This study examines procedural issues such as whether judicial remedies can be sought against deportation (repatriation) decisions, which court is competent and authorized in these cases, the periods for filing lawsuits, and the effect of the lawsuit on the procedure, in light of the analyses of the presented judicial decisions. The analyzed decisions were rendered by the Constitutional Court, the Council of State, Regional Administrative Courts, and First Instance Administrative Courts, offering a holistic legal framework on the subject.

1. Right to Sue and Competent Court in Deportation Decisions

All examined court decisions agree that a deportation decision is an administrative act and is subject to judicial review in accordance with Article 125 of the Constitution. This was explicitly stated in the Constitutional Court’s decision dated 30.12.2015 as: “In accordance with Article 125 of the Constitution, since the administrative act regarding this decision, like all other administrative acts, is subject to judicial review, it is possible to apply to the administrative judiciary against this act.”

The fact that the administrative court is the competent court is consistently emphasized in all decisions. In the decisions of the Council of State, the Regional Administrative Court, and the first instance court, it is observed that cases are filed and concluded in the “Administrative Court”.

2. Determination of the Competent Court in Deportation Decisions

Decision No. 2024/3653 E. of the 10th Chamber of the Council of State dated 17.09.2024 clearly sets forth the rule regarding the determination of the competent court:

“…it has been established that the competent administrative court is the administrative court located where the administrative authority that carried out the administrative act subject to the lawsuit is situated.”

Accordingly, in a lawsuit filed against a deportation decision issued by, for example, the Istanbul Governorship, the competent courts will be the Istanbul Administrative Courts. Indeed, the Council of State, in the same decision, ruled that the Istanbul Administrative Court is competent to hear and resolve the case, as the administration that issued the act was the Istanbul Provincial Directorate of Migration Management under the Istanbul Governorship.

3. Change in the Period for Filing a Lawsuit

It is noteworthy in decision analyses that the lawsuit filing period is stated as 15 days in some texts and 7 days in others. This discrepancy arises from the amendment made to Article 53 of Law No. 6458. In the Constitutional Court’s decision dated 15.05.2020, this amendment was highlighted, stating that the lawsuit filing period was reduced to seven (7) days: “According to Article 53 of Law No. 6458, as amended by Law No. 7196, this lawsuit must be filed within seven days from the notification of the decision.” Therefore, according to the current legal situation, the lawsuit filing period from the notification of the deportation decision is seven days.

4. Guarantee of Automatic Stay of Execution

One of the most important consequences of filing a lawsuit against a deportation decision is that it automatically stays the execution of the process. This is a fundamental guarantee preventing the person from being deported before judicial review is completed. This rule has been referenced in almost all decision summaries: “Provided that the foreigner’s consent is reserved, the foreigner shall not be deported within the lawsuit filing period or until the judicial process is concluded if judicial remedies are pursued.” The effectiveness of this situation was emphasized in the Constitutional Court’s decision dated 31.12.2020 with the statement: “…since an annulment lawsuit has been filed against the said decision, the deportation process will be automatically stayed and cannot be enforced until the lawsuit is concluded.”

5. Speed of Litigation and Finality of Decision

The legislator aimed for the swift resolution of such disputes involving foreigners. For this reason, it is stipulated that courts must rule on the case within fifteen (15) days. Another important feature is the finality of the decision. This situation was concretized in the decision of the 10th Chamber of the Council of State dated 06.10.2021 and numbered 2016/2078 E. The Council of State rejected the appeal request, stating that “due to the finality of the administrative court’s decision regarding the deportation process, there is no legal possibility for appellate review of this part of the decision.” This indicates that the administrative court’s decision is final and cannot be carried to higher judicial authorities.

Conclusion

As a result of judicial decision analyses, it is understood that there is an effective legal remedy against deportation decisions in Turkey. Foreigners against whom a deportation decision has been made can file an annulment lawsuit with the Administrative Court located where the issuing authority is, within seven (7) days from the notification of the decision to them. Filing a lawsuit automatically suspends the deportation process until the conclusion of the trial. The court rules on the case within fifteen (15) days, and this decision is final. These procedural safeguards ensure the effective exercise of the right to seek justice against an administrative action with severe consequences, such as deportation. A text suggestion.

Why is Expert Lawyer Support Necessary?

A deportation (removal) decision is one of the most severe administrative procedures, directly impacting a foreigner’s freedom, family, work, and entire life arrangement in Turkey. Therefore, it is of vital importance that the lawsuit filed for the annulment of such a decision be handled by an expert immigration law attorney.

First and foremost, the time limit in such cases is extremely short: a lawsuit must be filed within just 7 days from the notification of the decision. Missing this deadline can lead to the individual’s deportation, even if they are held in a removal center (e.g., Tuzla Removal Center). At this point, a Tuzla lawyer or a law firm specializing in immigration law in Istanbul who is well-versed in the process can effectively prevent the person’s deportation by making a timely and complete application.

Furthermore, since the execution is automatically stayed when a lawsuit is filed, the petition prepared by the lawyer and the documents they will submit ensure that this protection continues effectively. In applications made to the administrative courts located in the Kartal, Pendik, Gebze, and Beykoz regions, the lawful preparation of each document makes a significant difference in favor of the client.

An expert lawyer does not merely prepare the petition; they also consider the grounds on which the Immigration Administration’s decision is based, the international protection status, the right to family unity and the established jurisprudence of the Constitutional Court to formulate a defense strategy.
This way, both the annulment of the deportation decision can be ensured, and the individual retains the possibility to legally continue their life in Turkey.

In conclusion, for a foreigner facing a deportation decision, legal support from an experienced lawyer operating in Istanbul, Tuzla, or its surroundings is not merely a preference, but an essential way to prevent the loss of rights.