According to the Law on Foreigners and International Protection (YUKK) no. 6458, the expulsion of foreigners from Turkey is an administrative process subject to specific procedures and principles.
1. What is a Deportation (Expulsion) Decision?
A deportation decision is an administrative procedure (YUKK art. 52) that ensures the sending of foreigners, whose presence in Turkey is deemed contrary to legislation or problematic for public order/security, to their country of origin, a transit country, or a third country. The decision is made upon the instruction of the Directorate General of Migration Management or ex officio by the governorships (art. 53/1).
2. In Which Cases Is a Deportation Decision Issued? (YUKK art. 54)
The Law has enumerated the grounds for deportation restrictively:
Terrorist and Criminal Organization Connection: Those who are managers, members, or supporters of a terrorist organization.
Public Order and Security: Those who pose a threat to public order, security, or health (e.g., holders of G-87 restriction code).
Visa and Residence Permit Violations: Those who overstay their visa or residence permit by more than 10 days, those whose visa has been cancelled, or those whose residence permit has been rejected and who do not depart within 10 days.
Illegal Entry-Exit: Those who enter Turkey by illegal means or violate exit regulations.
Use of Forged Documents: Those who use false information or forged documents in entry, visa, and residence permit procedures.
Rejection of International Protection: Those whose application has been rejected or whose status has expired and who do not have the right to stay in Turkey.
3. Lawsuit Against Deportation Decision and 7-Day Period
Period for Filing a Lawsuit: Against a deportation decision, an application can be made to the administrative court within 7 days from the notification of the decision (YUKK art. 53/3). Note: This period, which was 15 days before 2019, has been reduced to 7 days with Law No. 7196.
Automatic Stay Effect: Filing a lawsuit automatically stays the deportation process until the legal proceedings are concluded, provided that the foreigner’s consent is reserved.
Judicial Process: The court concludes the application within 15 days, and the decision rendered is final; there is no appeal or cassation.
4. Administrative Detention and Removal Centers (GGM)
Decision: Among those for whom a deportation decision has been issued, those who pose a flight risk, violate entry-exit rules, or constitute a threat to public security may be placed under administrative detention by a gubernatorial decision (art. 57).
Period: The period of administrative detention in GGM is a maximum of 6 months. It can be extended for another 6 months if the foreigner does not cooperate (Total maximum 1 year).
Objection: An objection can be filed against the administrative detention decision with the Magistrate Criminal Judge. The judge concludes the review within 5 days; this decision is final (art. 57/6).
Alternative Obligations: Instead of administrative detention, obligations such as residing at a specific address or reporting may be imposed (Art. 57/A).
5. Entry Ban to Turkey (Art. 9)
An entry ban decision is issued by the governorship or the General Directorate regarding foreigners who have been deported.
Duration: As a rule, the duration of the entry ban is a maximum of 5 years. However, if there is a serious threat to public security, this period can be extended by another 10 years, totaling up to 15 years.
Exception: An entry ban decision may not be issued for those invited to leave who depart within the specified period, or for those who voluntarily leave after paying a fine for a visa violation.
6. Rights of Foreigners and Those Who Cannot Be Deported (Art. 55)
In the following cases, a foreigner cannot be deported, even if they fall within the scope of Article 54:
Those for whom there are serious indications that they would be subjected to the death penalty, torture, or inhuman or degrading treatment in the country to which they would be sent (Prohibition of Return – Non-refoulement).
Those for whom travel is risky due to serious health problems, age, or pregnancy.
Those with life-threatening illnesses for whom no treatment is available in the country to which they would be sent.
Victims of human trafficking.
Application Note: When a deportation decision is served, the foreigner must be informed about the appeal procedures and deadlines (preferably in a language they understand). Those who cannot afford a lawyer may request a lawyer under legal aid.
Frequently Asked Questions
Deport kararına karşı dava açma süresi kaç gündür?
Sınır dışı etme kararına karşı, kararın tebliğinden itibaren yalnızca 7 gün içinde idare mahkemesine dava açılmalıdır. Bu süre hak düşürücüdür ve kaçırılması halinde deport işlemi kesinleşir.
Deport kararına dava açınca sınır dışı işlemi durur mu?
Evet. Süresi içinde açılan dava, yabancının rızası saklı kalmak kaydıyla, mahkeme karar verene kadar deport işlemini otomatik olarak durdurur.
Geri Gönderme Merkezinde ne kadar süre tutulabilirim?
İdari gözetim süresi kural olarak en fazla 6 ay, zorunlu durumlarda ise en fazla 1 yıla kadar uzatılabilir. Ancak hukuka aykırı gözetim kararlarına karşı Sulh Ceza Hakimliğine başvurulabilir.
WHY IS EXPERT LEGAL SUPPORT NECESSARY?
Deportation processes are critical legal processes that require professional support due to their short timeframes and severe consequences:
1. The 7-Day Period is Vitally Important
A lawsuit must be filed within just 7 days. If this period is missed, the deportation decision becomes final, and returning becomes very difficult
2. A Different Legal Strategy is Required for Each Case
Each situation, such as public security, visa violation, fake document, or rejection of international protection, requires a different defense. Therefore, case-based expertise is essential.
3. The Removal Center (GGM) Process Requires Professional Monitoring
For individuals located in the removal center:
Removal of administrative detention
Application for release
Requests for alternative obligations can only be effectively carried out with an experienced Tuzla removal center lawyer.
4. Entry Ban and Restriction Codes are a Technical Process
The removal of restriction codes such as G-87, the cancellation of entry bans, and the processes for re-entry to Turkey require expertise.
5. Effective Defense Against Rights Violations
Properly asserting situations such as non-refoulement (prohibition of return), health status, and being a victim of human trafficking is vitally important.
CONCLUSION
Deportation and return center processes are procedures that require swift action and can lead to serious loss of rights. Therefore, it is of great importance that the process is handled by an expert in the field, an Istanbul immigration lawyer or a Tuzla immigration lawyer. 2M Law Office provides professional and effective legal support to its clients in the fields of deportation, return centers (GGM), and foreigners’ law.
