What is Deport? What does it mean to be deported?
Foreigners whose permits and visas are not valid to reside in Turkey, whose visa expires despite having a visa, and who continue to stay in the country despite this, are deported. Foreigners who act illegally despite having the legal right to stay in Turkey are deported.
In cases listed in Article 54 of the Law on Foreigners and International Protection, deportation decision is made by the governorship.
Who Can Be Deported
In Article 54 of the YUKK, the foreigners who will be subject to a deportation decision are regulated as follows:
- Those who are considered to be deported within the scope of Article 59 of Law No. 5237. : (Article 59 of the TCK: A foreigner who has been sentenced to imprisonment for his crime, is immediately notified to the Ministry of Interior to be evaluated regarding deportation procedures, after the execution of the sentence or conditional release is decided by applying probation measure and in any case the execution of the sentence is completed.)
- Terrorist organization director, member, supporter or a profit-oriented criminal organization directors, members or sponsors
- Those who use false information and fake documents in transactions for entry, visa and residence permits in Turkey
- Those who earn their living from illegitimate means during their stay in Turkey
- Those that pose a threat to public order or public safety or public health
- Those who exceed the visa or visa exemption period for more than ten days or whose visa has been cancelled.
- Those whose residence permits have been revoked
- Those who have a residence permit and violate the residence permit period for more than ten days without an acceptable reason as of the expiry of its term
- Those found to be working without a work permit
- Those who violate or attempt to violate the provisions of legal entry or exit from Turkey
- Those who were found to have come to Turkey despite the ban on entry to Turkey
- Among those whose international protection application is rejected, excluded from international protection, whose application is considered inadmissible, whose application is withdrawn, whose international protection status is deemed to have been withdrawn, whose international protection status has expired or been cancelled, those who do not have the right to stay in Turkey according to the other provisions of this Law after the final decision.
- Among those whose residence permit extension applications are rejected, those who do not leave Turkey within ten days
- Those who are considered to be related to terrorist organizations defined by international institutions and organizations.
- In the above-mentioned cases, a deportation decision may be made by the governorship.
Who are the Persons Who Cannot Be Deported?
In Article 55 of Law No. 6458, a deportation decision cannot be taken even if they are within the scope of Article 54 mentioned above. The foreigners against whom a deportation decision cannot be made are as follows:
- Those who have serious indications that they will be subject to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they are to be deported.
- Those who are considered risky to travel due to serious health problems, age and pregnancy status
- Those who do not have the opportunity to receive treatment in the country to which they will be deported while their treatment for their life-threatening diseases continues
- Victims of human trafficking benefiting from the victim support process
- Victims of psychological, physical or sexual violence until their treatment is completed
- These persons may be asked to reside at a certain address and to make notifications in the desired form and time.
How to Remove Deport?
How to Appeal the Deportation Decision?
In order for the foreigner, for whom a deportation decision has been made, to stay in Turkey or to return to Turkey before the expiry of the entry ban, if he has gone abroad, he must file a lawsuit in the administrative court for the annulment of the deportation decision.
How to File a Lawsuit Against the Deportation Decision?
Deportation decision is a decision made by the administration and is in the nature of an administrative action, and a lawsuit must be filed in the Administrative Court for the annulment of the administrative action. The foreigner, whose deportation decision has been notified to him or his legal representative, must file an action for annulment at the Administrative Court within 7 days for the annulment of the deportation decision. The foreigner applying to the court must notify the administration of his/her case to the administration that issued the deportation decision. During the 7-day period of filing an action for annulment or, in case of an action for annulment, the foreigner cannot be deported until the end of the proceedings. The 7-day period is the period of disqualification.
Court decides on the annulment action filed for the annulment of the deport decision within 15 days. The decision of the administrative court is final and the appeal is closed.
Competent and Competent Court Against Deport Decision
In the lawsuit to be filed for the annulment of the deport (out of borders) decision, the administrative court in the place where the administration that made the decision is located is authorized and in charge.
Deport Lawyer
Deport lawyers in Turkey follow various legal processes to protect the legal rights of foreigners. These lawyers follow the necessary processes to protect foreigners’ right to enter the country, residence permits and other rights.
The duty of deport lawyers is to protect the legal rights of foreigners and to prevent wrong practices during the deportation process. Therefore, foreigners in Turkey can contact us to get legal support regarding the deportation process. >>>>>>>
