Dear visitor, welcome to Inforeigner. On this page, we will try to give you the most detailed information about the deport process.
Deport decision means the deportation of a foreign national who is in Turkey and an entry ban to Turkey. If the foreign national violates the visa in the Republic of Turkey (for example, staying for 6 months with a 3-month visa) and engages in illegal and immoral activities, they will be deported. In addition, if he / she engages in activities such as being dangerous to the public and the national security or health, using the visa given to him for a specific purpose for a different reason (for example, to work without a work permit), deportation is the result of these situations.
Persons who are not bound by the Turkish Republic with a bond of citizenship are accepted as “foreigners” in the Turkish legal order. Foreign persons have a different legal status. However, the basic factor in accepting a person as a foreigner is whether or not he has Turkish citizenship.
In order for the foreigner to enter the Republic of Turkey after a deport decision has been taken, the entry ban must be lifted, in other words, the deportation decision must be lifted. Abolishment of the deport decision may present very important situations for foreign nationals. For example, deported persons have to live separately from their spouses and children or face problematic conditions in the countries they are sent to.
Reasons for Deportation
The most important issue regarding the revocation of the deportation decision is the reason for the deport decision. Accordingly, foreign nationals may be deported for a short time or banned from entering Turkey for a lifetime. The reasons for being deported are varied. Among these, we can list the most common reasons such as exceeding the visa limit or not extending the residence permit period. When we consider the illegal behaviors of foreign nationals in the Republic of Turkey, which we have identified as one of the main reasons, we encounter the following reasons in the related practice:
Other Reasons for Deportation Process
The reasons we have enumerated here are only some of the reasons. It is also possible for a foreign national to be deported for other reasons. Depending on the reason for the deportation, the duration of the person’s entry ban to Turkey is also determined. As we have mentioned, different durations occur depending on each reason. However, when we look at these periods in general, we can see that it varies between 5 months and 5 years. In some cases, this ban can be up to 10 years.
In some cases, a restraint code is set for the deported person depending on the reason for the deportation. For this reason, it is of great importance to remove the code processed about the foreign person. It is also important to continue this process with the help of an expert. In fact, before starting the deport removal process, it is necessary to check what kind of restraint code exists about the foreign national. If the restriction code is not informative but restrictive, the action to be taken changes a little and becomes difficult. You can read detailed and extensive information about the restriction codes, which is the program that imposes entry ban on foreign nationals, on our Deport Removal page.
Who Makes the Deport Process Decision?
The General Directorate of Migration Management of Turkey or the relevant governorship decides on the deportation of a foreign national. At this point, the duration of the entry ban to the foreign person is determined and the authority of the administrative authorities in determining this period is quite wide. However, a period of time will still be determined within the limits stipulated by the laws. As we have mentioned, the authorities of administrative authorities are wide and these powers are sometimes used impulsively. However, a judicial remedy is also open against an authority used in this way.
Deport Removal Process
Foreign nationals who are deported cannot enter the country before the expiry of the entry ban to Turkey. However, there are some exceptions to this situation. In other words, it is not always necessary to wait for this period to expire.
Deport removal can be in two ways. First of all, the foreign person may have obtained a legitimate visa. With this visa, he / she can enter Turkey before the expiry of the deportation decision about him. Secondly, the foreign person can request a legal remedy through the administrative court for the annulment of the deport decision. We will share details about these two ways in the rest of the article.
Deport Removal with Legitimate Visa
The way for a foreigner to enter Turkey despite the deportation decision is to obtain a legitimate visa. A foreign national who is subject to a deportation decision can enter Turkey with a legitimate visa due to marriage, education or research, work or treatment, even though the entry ban has not expired. In order to obtain these visas, the documents based on the aforementioned reasons must be documented during the visa application. Otherwise, the application is rejected. Generally, a refusal decision is made when non-specialists make an application for an annotated visa invitation. It will be useful to carry out these processes with experts who have worked on this subject before.
Some people will not be able to request a legitimate visa. At this point, being a member of a terrorist organization refers to deportation for reasons such as acting against the state. The persons in question cannot enter the country by requesting a legitimate visa, but if they file a lawsuit with the request for annulment of the deportation decision in the administrative court and this case is positive for the person, the deportation decision is canceled, the foreign national person can enter Turkey.
Lawsuit Method Against Border Decision
Objection to the deportation decision can be filed through lawsuits. Deport decision is an administrative act since it is a decision taken by the administrative authorities. For the annulment of an administrative act, an action for annulment must be filed at the administrative court. All work and transactions carried out by the administration can be subject to the control of the judiciary. These transactions made by the administration are deemed to be in accordance with the law unless they are brought to the judiciary.
If a deportation decision has been taken about a foreign national, the administration that took the decision shall notify the foreigner or legal representative of this foreigner in a justified manner.
The foreign national whose deportation decision will be applied to him can file an action for annulment in the relevant administrative court, claiming that the deportation decision was taken unlawfully. At this point, a period of seven (7) days is required to file this lawsuit, which has the nature of an objection to the deportation decision. The foreign national must file this case within seven (7) days from the date of notification of the deportation decision. At this point, the point that should be considered is the following: The foreign national who has notified the decision should act as quickly as possible on the case. Because when the foreign person who wants to go to the litigation method goes to his lawyer, many procedures that the lawyer should do and take intense time (for example, correspondence with the provincial immigration administration, collection of documents to be collected elsewhere according to the content of the incident or writing a petition, researching the necessary decision, filing a lawsuit, etc).
Deport Procedure Cancellation Case…
In general, the annulment action to be filed against the decision at the administrative court suspends the deportation procedure to the foreign person. In other words, foreign nationals cannot be deported until the court makes a decision on the matter. The person can continue to stay in Turkey, which is a very good right for the foreign person.
In some cases, a code is placed on the person deported depending on the reason for the deportation. For example V-70 or G-87 etc. like codes. The removal of such codes depends only on the case to be filed at the administrative court. You can get detailed information on this subject from our Deport Removal page.
Deportation Process and Duration
The foreigner, whose reasons for deportation has been realized, may have been caught by the police forces. Or, if an official agency notices the problem with the foreign national, it may have reported the situation to the police forces. In addition, the foreign person can report his / her own request to the Immigration Administration or the police and accordingly, he / she can declare that he / she wants to leave Turkey.
The foreign national who is caught / surrendered is firstly taken to the hospital and examined. Afterwards, he is taken to the place determined by the Immigration Administration of the province where he is located for such situations. Here, documents regarding the expulsion of the foreign national person are prepared. At this stage (that is, before the decision is issued), the foreigner can hire a lawyer, meet with his/her lawyer, have his/her lawyer meet with the Provincial Immigration Administration in order not to be deported, or have him/her appeal the decision by obtaining the necessary documents.
Foreign nationals whose documents are completed are sent to the Removal Center. While foreign national women are sent to Silivri Removal Center in the province of Istanbul, foreign national men are sent to Çatalca Removal Center. Foreign nationals who are transferred to the Removal Center in this way are sent to their countries when their transactions are completed, if they have not filed a lawsuit. In some cases, they can be sent to another country that the foreign national wants.
What is an Invitation to Leave (Call to Leave, Invitation to Leave)?
If the foreign national who has the necessary conditions for their deportation makes the application to the police / law enforcement authorities for his / her deportation, or if he / she makes a decision to make an invitation to leave rather than deport him through his lawyer, the person may not have to be taken to the Removal Center. For foreign nationals in this type of situation, there is a legal procedure called an invitation to leave (invitation to leave, call for abandonment), which is much better for the foreigner. A minimum of 15 days is granted to the foreigner, who is subject to the invitation to leave procedure, to leave Turkey. The upper limit of this deadline is set as 30 days.
It is not mandatory for the foreign national to notify the security / law enforcement of his / her situation for the invitation to leave. In normal cases, a person who has been found to have committed a visa violation and who has been given a deportation decision by the administration may also be invited to leave. This situation is entirely at the discretion of the administration. However, if the foreign national has notified his / her situation to the security / law enforcement officers with his / her consent, there is no rule that the provisions of the invitation to leave procedure will be applied for this foreign person. At this point, the personal situation, background and generally subjective characteristics of the foreign national person whose deportation conditions have been fulfilled are examined. For the foreign person to be deported, the suspicion of hiding or escaping, having made a prohibited exit and entry, trying to do business with forged documents, etc. If such situations are in question, invitation to leave procedures are not operated at this point.
Who Cannot Be Departed?
If the foreign national will face the risk of torture or death in the country to which he/she will be deported, it is not possible for this person to be deported. At this point, the presence of realistic symptoms is checked.
If the foreign national to be deported has a special condition that prevents him/her from traveling, such as old age or pregnancy, it is not possible to send this person.
Let’s say, the person in question is under an important treatment in Turkey and this treatment is not possible in the country to be transferred, or the transfer process will adversely affect the foreign person’s health, etc. If such situations are in question, deportation cannot still be done.
Foreigners who have been subjected to human trafficking, sexual violence or significant physical or psychological violence and who are under treatment for this, cannot be deported within this scope.
It is determined by the laws that no deportation decision will be made for all these people in question. But as a result, these foreigners are also people whose deportation conditions have been met. Therefore, the competent authorities may be required to sit in a fixed place. In addition, they may be asked to make certain notifications (for example by going to the Provincial Immigration Administration) within certain periods of time.
Limitation of Time Regarding the Opening of the Case
The statute of limitations has been determined as 15 days in the lawsuits filed for the annulment of the deportation decision. The foreign national must file the necessary annulment action within a maximum of 15 days starting from the submission or notification of the deportation decision to him.
In the procedure of invitation to leave, a period of minimum 15 days is given to the foreign national to leave the country. In case the foreign person does not leave the country within this certain period, a difficult legal procedure such as being caught and transferred to the Removal Center is carried out.
The cancellation of the restriction code processed with the deportation decision does not occur with the expiration of the period. These codes can only be removed by filing a lawsuit. For this, it is not possible to experience any rights-reducing time-out period.
Authorized Court in Charge of Deport Removal
In the annulment cases to be filed for the annulment of the deportation decision, the courts in charge are the administrative courts. Since the decision of deportation is an administrative act, the institution that will inspect the lawfulness of the decision is the administrative court.
The competent court on the subject is the court of the place where the administration that made this decision, which is an administrative act, is located. In other words, the foreign national who will be subject to a deportation decision must file a lawsuit for the annulment of this decision from the administrative court in the place where the administration is located.
The rules of authority and duty are the same in the lawsuit to be filed for the cancellation of the code given to the foreign national, depending on the reason for the deportation decision. In other words, in this case, a lawsuit should be filed at the administrative court in the place where the administration whose code entered the foreign person’s registry is located.
Importance of Experts in Deport Removal Process and Lawsuits
The legal procedure for the expulsion of foreign nationals is clearly stated in the laws. However, it has scattered provisions in terms of its legislation. Along with the distance of the foreign national to Turkish law, the way these provisions are applied is not always within the framework of the laws.
Deportation is an administrative procedure. It is not a judicial decision. For this reason, there may be many illegal situations at the point of application. Some foreign nationals, who should not be deported, may be deported illegally, although it is certain that they will face some dangers in their destination country.
It is possible for the deported person to return to Turkey before the penalty expires. The possibility of this situation depends on the correct and swift execution of the legal procedure on the subject. For all these reasons, it will be the most beneficial way for the foreign person to request legal assistance from the experienced experts on the subject. You can reach us at 0212 706 96 14 for short-term residence in Turkey, permanent residence, work permit, Turkish citizenship or deport procedure and get support from our experts.