Application Process, Authority, and Time Limits Against a Deportation (Deport) Decision

In accordance with Article 53, Paragraph 3 of the Law on Foreigners and International Protection (YUKK) No. 6458, the judicial remedy against a deportation (deport) decision given concerning foreigners is open and subject to specific periods and procedures.

1. Application Process, Authority, and Time Limits Against a Deportation (Deport) Decision

In accordance with Article 53, Paragraph 3 of the Law on Foreigners and International Protection (YUKK) No. 6458, the judicial remedy and time limits against a deportation decision made regarding a foreigner are as follows:

Application Authority: Against a deportation decision, an application must be made to the Administrative Court within the period following the notification of the decision.

Application Period: According to current court decisions and legal amendments, the application period is 7 (seven) days from the notification of the decision. Although some decisions (e.g., the 10th Chamber of the Council of State and some Regional Administrative Court decisions) mention 15-day periods, the Constitutional Court and current first-instance court decisions emphasize that the period is 7 days after the amendment made by Law No. 7196.

Notification Obligation: The person applying to the court is obliged to notify the authority that issued the deportation decision (the relevant Governorate/Directorate of Migration Management) of this application.

Judicial Process: Applications made to the court are concluded within fifteen days. The decision rendered by the administrative court on this matter is final; therefore, it is not possible to appeal or seek judicial review against this decision.

2. Suspension of the Deportation Decision (Automatic Suspension Mechanism)

The implementation of a deportation decision is automatically suspended by law upon the filing of a lawsuit. The provision in Article 53/3 of the YUKK stating “Unless with the foreigner’s consent, during the lawsuit filing period or if legal action is taken, the foreigner shall not be deported until the litigation is concluded.” provides this guarantee.

Protection During the Lawsuit Filing Period: Throughout the 7-day period for filing a lawsuit, the administration cannot deport the foreigner.

Protection During Litigation: From the moment the lawsuit is filed until the court’s decision becomes final, the deportation process remains suspended.

Removal of Exceptions: In the past, there were exceptions stating that filing a lawsuit would not suspend the process for those falling under subparagraphs (b), (d), and (k) of Article 54, paragraph 1 (e.g., connection to a terrorist organization, threat to public security). However, with the pilot decisions of the Constitutional Court and the amendment to Law No. 7196, these exceptions have been largely abolished; and the rule that the process will automatically be suspended upon filing a lawsuit has become a general guarantee.

3. Cases and Analysis of Deportation Without Waiting for the 7-Day Period

The question of whether the Directorate General of Migration Management can take action without waiting for the 7-day period to file a lawsuit has been analyzed in judicial decisions as follows:

General Rule: The administration must wait for the 7-day period to file a lawsuit without the foreigner’s consent. The law explicitly prohibits deportation within the period for filing a lawsuit.

Consent Exception (Voluntary Return): If the foreigner wishes to leave the country voluntarily (by signing a Voluntary Return Request Form), the deportation process can be carried out without waiting for the 7-day period.

Risk of Impaired Consent: The Constitutional Court (decision dated 2/5/2023), by assessing that consent is not “conscious” in cases where pre-printed forms are signed, the lawyer is not informed, or there is a risk in the country of origin, may rule a violation of rights in deportation procedures carried out without waiting for the 7-day period.

Not to be Confused with the 48-Hour Decision Period: The provision in Article 57 of the YUKK stating that “the assessment and decision period cannot exceed 48 hours” pertains to the period for making the deportation decision; after this decision is made, the 7-day period for filing a lawsuit must still be observed for implementation.

4. Secondary Sources and Additional Context

The following points have been considered secondary sources as they provide limited information or indirect context in the decision texts:

Secondary Source (Constitutional Court 2018/11825 ): In a decision concerning Iraqi citizens, it was implied that the authority to execute deportation was broad even if a lawsuit was filed on the grounds of public security threat (54/d) in the period before the 2019 amendment; however, it was emphasized that this process could be stopped by the Constitutional Court’s interim measures and that actions executed without a risk assessment violated the prohibition of ill-treatment.

Secondary Source (Council of State 10th Chamber 2022/8353 ): It has been confirmed that in lawsuits filed against deportation procedures, the competent court is the administrative court in the place where the procedure was initiated (in the context of a jurisdiction dispute).

Secondary Source (Constitutional Court 22/11/2022): In extradition processes, it has been stated that protective measures concerning individuals not taken into custody within certain periods from the finalization of the extradition decision will be lifted; it has been observed that these processes are subject to different procedures than the general deportation procedure.

In conclusion; the deportation decision issued regarding a foreign national is suspended by applying to the Administrative Court within 7 days from the date of notification. When this application is made and reported to the administration, the deportation process is automatically suspended by law until the end of the judicial proceedings. Unless there is the explicit and informed consent of the foreign national (voluntary return), it is unlawful for the Directorate General of Migration Management to act without waiting for the 7-day period to file a lawsuit.

Frequently Asked Questions

Deport kararına karşı dava açınca sınır dışı edilir miyim?

Hayır. YUKK m.53/3 uyarınca dava açılmasıyla birlikte sınır dışı işlemi otomatik olarak durur ve mahkeme kararına kadar uygulanamaz.

Deport kararına karşı dava açma süresi kaç gündür?

Bu süre hak düşürücü olduğu için kaçırılması halinde dava açma hakkı ortadan kalkabilir.

Deport davasına hangi mahkeme bakar?

Yetkili mahkeme, sınır dışı kararını veren idarenin bulunduğu yerdeki İdare Mahkemesidir. Örneğin İstanbul’da verilen bir karar için İstanbul İdare Mahkemeleri yetkilidir.

Geri Gönderme Merkezinde olan kişi dava açabilir mi?

Evet. Geri Gönderme Merkezi’nde bulunan yabancılar da avukat aracılığıyla deport kararına karşı dava açabilir. Bu davalar genellikle çok kısa süre içinde açılması gereken acil davalardır.

Why is Expert Lawyer Support Necessary?

Deportation (deport) procedures are highly technical processes that require expertise in the fields of migration law and administrative law. Especially Tuzla Removal Centre procedures require professional legal support due to short litigation periods and rapid administrative actions.

As deportation (deport) procedures are technical and fast-moving processes from the perspective of both migration law and administrative law, they often involve legal assessments requiring expertise. Especially in Removal Centre (GGM) procedures, due to short litigation periods and the rapid implementation of administrative actions, professional legal support is crucial for foreigners to protect their rights. For this reason, in lawsuits filed against deportation decisions in Istanbul, support is usually sought from experienced lawyers in the field of migration law, such as an Istanbul immigration lawyer, Tuzla removal centre lawyer, Tuzla immigration lawyer, or Tuzla lawyer. Because even a minor procedural error in deportation proceedings can lead to missing the deadline for filing a lawsuit, the deportation procedure becoming final, or a ban on entering Turkey being imposed on the foreigner. For this reason, the conduct of lawsuits against deportation decisions by an experienced migration law attorney plays a critical role in protecting the foreigner’s right to remain in Turkey. 2M Hukuk Law Office, operating in the field of migration law in Istanbul and throughout Turkey, provides professional legal support regarding lawsuits filed against deportation decisions, removal centre procedures, and the protection of foreigners’ legal rights.