The rules governing the stay of foreigners in Turkey are set out in Law No. 6458 on Foreigners and International Protection. Within the framework of this law, in some cases, a deportation order may be issued against foreigners. However, not all deportation decisions are lawful. Some decisionsmay even be based on misinformation, procedural errors or arbitrary practices.
Therefore , the person to be deported has the legal right to object and file an action for annulmentare available.
What is a Deportation Order?
A deportation decision is an administrative act that obliges a foreigner in Turkey to leave the country. This decision is taken by the Provincial Directorate of Migration Management and is usually based on grounds such as public security, public health or public order.
After the decision is made, the foreigner is notified in writing and is usually given a 15-day exit period. However, in some cases, the person may be taken into custody and transferred to a removal center.
Under what circumstances is a deportation order issued?
According to Law No. 6458, a deportation order can be issued in the following cases
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Those who entered Turkey illegally or overstayed their visa,
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Those without a valid residence permit,
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Those who engage in behavior that threatens public order or security,
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Those who traded on forged documents,
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Persons whose application for international protection has been rejected and whose right to stay has expired,
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Foreigners involved in crimes such as prostitution, drugs or smuggling.
Each of these reasons does not automatically entail deportation. Each case must be evaluated on its own merits. In this evaluation phase, we shape the application files within the legal framework, taking into account personal circumstances.
How to Appeal Against a Deportation Order?
Administrative Appeal (Application to the Immigration Authority )
An appeal petition can be submitted to the Provincial Directorate of Migration Management within 7 days of the notification of the deportation decision. In this petition, the reasons why the deportation decision is unjustified must be stated with concrete evidence.
Once the appeal has been submitted , the administration will reconsider the appeal and may revoke or maintain the decision. This can temporarily halt the deportation process.
Annulment Lawsuit (Filing a Lawsuit at the Administrative Court)
If the application to the administration is unsuccessful or if a direct appeal to the judiciary is desired, an annulment action can be filed with the Administrative Court. It is mandatory to file a lawsuit within 7 days from the date of notification.
This case is brought on the basis that the deportation decision is unlawful. The court assesses whether the foreigner poses a threat to his/her situation in Turkey, family ties, professional life and public order.
What Should be Considered in a Lawsuit Against a Deportation Decision?
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The period is very short (7 days): Delay leads to irreparable loss of rights.
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Professional assistance should be sought: The application and the case file require technical knowledge.
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Family ties and human rights grounds can be effective: Reversal of the decision is possible for spouses, children or persons with permanent ties in Turkey.
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If there is an application forinternational protection, deportation can be stopped.
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The court proceedings do not automatically stop the deportation, therefore a stay of execution must also be requested.
In this process, we provide effective legal representation both in the preparation of applications and in the litigation phase, and protect the rights of individuals under threat of deportation.
Deportation decisions are not always final. It is possible for such decisions to be annulled if the legal processes are carried out correctly. It is of utmost importance for those who wish to continue to stay in Turkey legally to exercise this right.
Aslawyer Atakan Ayhan, we provide effective defense against deportation proceedings; we meticulously carry out litigation and application processes.
Contact Us
Do you havea deportation order against you? Or is someone close to you being held in a removal center?
You can contact us for a legal appeal and annulment of the deportation order.
