Does a Lawsuit Filed Against a Deportation Decision Automatically Suspend the Process?

In accordance with Article 53, paragraph 3 of the Law on Foreigners and International Protection (YUKK) No. 6458, if an annulment lawsuit is filed in the Administrative Court within the legal period against a deportation decision, the deportation process automatically stops. This means that the execution of the process is suspended by law until a court decision is rendered.

1. Automatic Suspension of the Deportation Process

In accordance with Article 53, paragraph 3 of the Law on Foreigners and International Protection (YUKK) No. 6458, if an annulment lawsuit is filed in the administrative court within the legal period against a deportation decision, the deportation process automatically stops. The basic principles regarding this matter in judicial decisions are as follows:

General Rule: When a foreigner against whom a deportation decision has been made files an annulment lawsuit within seven days from the notification of this decision, provided that the foreigner’s consent is reserved, the foreigner cannot be deported until the judicial process is concluded. This means that the execution of the process is automatically suspended by law.

Legal Amendments and Abolition of Exceptions: Before the amendments made by Law No. 7196, there were exceptions stating that filing a lawsuit would not automatically halt the process in certain situations such as public order, public safety, or membership in a terrorist organization (YUKK Art. 54/1-b, d, and k). However, in the decisions of the Constitutional Court (e.g., dated 15/3/2022 and 20/4/2020), it was emphasized that these exceptions have been abolished and now, in all cases, the deportation process will automatically be suspended during the lawsuit.

Request for Stay of Execution (YD): Since the process automatically stops by law, there is no need to obtain a separate “stay of execution” decision from administrative courts. Some courts rule “no grounds for a decision” on such requests.

Exception for Foreigner’s Consent: The sole exception to the automatic halt rule is the foreigner’s consent. However, this consent must be “conscious and informed“; otherwise (e.g., voluntary return forms signed without informing a lawyer), it may constitute a violation of rights.

2. Procedural Steps to be Taken After Filing a Lawsuit

The main procedural obligations that a foreigner must fulfill after filing an annulment lawsuit are as follows:

Obligation to Notify the Administrative Authority: In accordance with Article 53, paragraph 3 of the LFIP, the person applying to the administrative court must notify the authority that issued the deportation decision (the relevant Governorship/Directorate General of Migration Management) of this application. This notification is considered a supplementary step in the lawsuit filing process. The Administrative Court does not automatically or ex officio notify the Directorate General of Migration Management or the removal center where the foreigner is located that an annulment lawsuit has been filed. This matter is often overlooked and can lead to the foreigner’s victimization.

Process Tracking: It has been stated that applications to the administrative court must be finalized within fifteen days and that this decision is final. However, in practice, it has not been observed to date that administrative courts finalize annulment lawsuits within 15 days. The finalization of an annulment lawsuit can take periods such as 6 months or 1 year. Despite the imperative provision of the law, there is no sanction for cases where the 15-day period is exceeded. Therefore, swift follow-up of the process is important.

Administrative Detention Status: Although the filing of a deportation lawsuit automatically halts the deportation process, it does not automatically terminate the “administrative detention” decision concerning the foreigner. To lift the administrative detention and release the foreigner, a separate appeal must be made to the Magistrate Criminal Court.

3. Secondary Sources and Additional Context

Within the scope of decisions providing secondary information and texts containing limited information, the following points should be noted:

Difference in Previous Legislation: It was emphasized that during the period of the repealed Law No. 5683, filing a lawsuit did not have an automatic stay effect, and this safeguard was introduced with Law No. 6458 (YUKK).

Requests for Procedural Expediency: It has been implied that in some cases, to ensure the automatic stay mechanism functions without practical hindrance, procedural acceleration steps such as shortening defense periods or official service of process may be requested from the courts.

Individual Application and Interim Measure: It has been stated that in case of a disruption in the administrative court process or the emergence of an exceptional risk, an individual application can be made to the Constitutional Court to request a “precautionary measure,” but the administrative court path should primarily be exhausted as an effective domestic legal remedy.

Action for Full Redress: It has been stated that filing an “action for full redress” separately from an annulment lawsuit for damages incurred during administrative detention or deportation proceedings is a legal remedy.

In Summary: According to current legal regulations and high court jurisprudence, a lawsuit for annulment filed against a deportation decision automatically suspends the process. The most critical procedural step a foreigner must take after filing a lawsuit is to notify the administrative authority that issued the decision of this situation. However, if under administrative detention, an objection to the Magistrate Penal Judgeship is a procedural step independent of the lawsuit itself.

Frequently Asked Questions

Yabancı dava açtıktan sonra deport edilebilir mi?

Hayır. YUKK m.53/3 uyarınca sınır dışı kararına karşı süresi içinde dava açılması halinde deport işlemi kanun gereği otomatik olarak durur. Mahkeme kararına kadar yabancı sınır dışı edilemez. Ancak yabancının gönüllü geri dönüş kapsamında açık rızası varsa bu durum istisna oluşturabilir.

Deport davası açmak idari gözetimi de kaldırır mı?

Hayır. Deport davasının açılması yalnızca sınır dışı işleminin uygulanmasını durdurur. Eğer yabancı kişi geri gönderme merkezinde idari gözetim altında tutuluyorsa, serbest bırakılması için ayrıca Sulh Ceza Hakimliğine başvuru yapılması gerekir.

Deport kararına karşı yürütmenin durdurulması talebi vermek gerekir mi?

Çoğu durumda gerekmez. Çünkü sınır dışı kararına karşı açılan dava, kanun gereği işlemin uygulanmasını zaten durdurmaktadır. Bu nedenle birçok idare mahkemesi yürütmenin durdurulması talepleri hakkında karar verilmesine yer olmadığına karar verebilmektedir.

Why is Expert Legal Assistance Necessary?

Deportation processes involve highly technical and rapidly progressing procedures, both in terms of immigration law and administrative law. Especially, the short deadlines for filing lawsuits in Removal Center processes can lead to significant loss of rights due to incorrect or incomplete procedures. Therefore, it is of great importance that legal processes against deportation decisions are handled by an experienced foreigners’ lawyer or deportation lawyer.

Lawyers working in Istanbul, especially as an Istanbul immigration lawyer, Tuzla immigration lawyer, or Tuzla removal center lawyer, specialize in the legal status of foreigners in removal centers, lawsuits against deportation decisions, and objections to administrative detention. Even a small procedural error in these processes can lead to missing the deadline for filing a lawsuit, the finalization of the deportation process, or the application of a travel ban to Turkey for the foreigner.

Therefore, it is critically important for the protection of a foreigner’s rights that lawsuits filed against a deportation decision are handled by an experienced deportation lawyer in the field of immigration law. 2M Hukuk Law Office, operating in the field of immigration law in Istanbul and throughout Turkey, provides professional legal support regarding lawsuits filed against deportation decisions, removal center procedures, and the protection of foreigners’ legal rights.