Understanding Deportation in Turkey

Welcome to our comprehensive guide on the deportation of foreigners in Turkey. As a leading consulting and law firm, Lex Lata is committed to providing you with up-to-date and reliable information on this topic. In this guide, we will explore the reasons for deportation, the rights of foreigners, and the process involved in deportation in Turkey. Whether you are a foreigner residing in Turkey or interested in understanding the legal framework surrounding deportation, this guide will provide you with valuable insights.

ENGLISH PUBLICATIONSIMMIGRATION LAW

8/12/20234 min read

Understanding Deportation in Turkey

Deportation, also known as an entry ban, is a legal process through which a foreigner is prohibited from entering Turkey for a specific period of time. It can be applied to individuals who are considered contrary to the security, political, and administrative requirements of Turkish society. The decision to deport a foreigner is made by the governorates and Provincial Migration Administrations in accordance with the Law on Foreigners and International Protection No. 6458.

Reasons for Deportation

The Law on Foreigners and International Protection specifies various circumstances under which a deportation decision can be taken. These include:

  1. Criminal Convictions: Foreigners who have been sentenced to imprisonment for two years or more due to a committed crime may be deported to their country of origin or a different country after serving their sentence in Turkey.

  2. Terrorist and Criminal Organizations: Individuals who are identified as managers, members, or supporters of terrorist organizations or crime organizations with a profit-oriented motive may face deportation.

  3. False Information and Forged Documents: Foreigners who provide false information or use forged documents during their entry to Turkey, visa application, or residence permit procedures may be subject to deportation.

  4. Illegal Livelihood: Those who earn their living through illegal means during their stay in Turkey may be considered for deportation.

  5. Threat to Public Safety: Foreigners who pose a threat to public order, public security, or public health may face deportation.

  6. Visa Overstay: Foreigners who exceed the visa or visa exemption period granted by Turkey by more than 10 days or whose visa has been canceled may be subject to deportation.

  7. Revocation of Residence Permits: Individuals whose residence permits have been canceled by the authorities may face deportation.

  8. Work Without Permit: Foreigners found working without a valid work permit in Turkey may be considered for deportation.

  9. Violation of Entry and Exit Rules: Those who violate the terms and conditions for legal entry into or exit from Turkey may face deportation.

  10. Entry Ban Violation: Foreigners who enter Turkey despite being prohibited from doing so may be subject to deportation.

  11. Rejected International Protection Application: Individuals whose international protection application has been rejected, excluded from international protection, or considered inadmissible may face deportation.

It is important to note that deportation decisions are made on a case-by-case basis, taking into consideration the specific circumstances of each individual.

The Deportation Process

The deportation process in Turkey involves several steps, ensuring procedural fairness and protection of the rights of the individuals involved. Here is an overview of the process:

  1. Deportation Decision: The deportation decision is made by the governorates or Provincial Migration Administrations and is communicated to the foreigner or their legal representative. The decision includes the legal grounds for deportation.

  2. Notification and Appeal: The foreigner, their legal representative, or their lawyer have the right to appeal the deportation decision to the Administrative Court within 15 days of receiving the notification. During the appeal process, the foreigner cannot be deported until the case is concluded. However, in certain circumstances, deportation may proceed even if an appeal is made.

  3. Deportation Execution: If the deportation decision is upheld by the Administrative Court or there is no appeal made, the deportation order is executed. The foreigner is escorted to the designated departure point, where they are then deported to their country of origin or a different country.

It is important to consult with a legal professional specializing in immigration law to understand the specific procedures and requirements that apply to your individual case.

Rights of Foreigners in Deportation Cases

Foreigners facing deportation have certain rights that are protected by Turkish law. These rights include:

  1. Right to Legal Representation: Foreigners have the right to legal representation during the deportation process. They can choose to be represented by a lawyer of their choice or, if they do not have a lawyer, they can be provided with one by the authorities.

  2. Right to Appeal: Foreigners have the right to appeal the deportation decision to the Administrative Court within the specified time frame. The appeal process allows for a review of the decision by an independent judicial body.

  3. Right to Notification: Foreigners must be notified of the deportation decision and the legal grounds for their deportation. This ensures transparency and allows them to understand the reasons behind the decision.

  4. Right to Due Process: Foreigners have the right to a fair and impartial deportation process. This includes the right to present their case, provide evidence, and challenge the grounds for deportation.

  5. Right to Humanitarian Considerations: In certain circumstances, the deportation decision may be waived or suspended based on humanitarian considerations. This may include situations where the individual faces a risk of torture, inhuman or degrading treatment, or serious health conditions.

It is crucial for foreigners facing deportation to seek legal advice and understand their rights to ensure they are protected throughout the process.

The Impact of Deportation

Deportation can have significant personal, social, and economic consequences for the individuals involved. It can disrupt families, separate loved ones, and impact employment and educational opportunities. Understanding the potential impact of deportation is essential for individuals and their families to navigate through this challenging process.

Frequently Asked Questions (FAQ)

  1. Can a deportation decision be appealed? Yes, foreigners have the right to appeal the deportation decision to the Administrative Court within 15 days of receiving the notification.

  2. Can a deportation decision be waived based on humanitarian considerations? Yes, in certain circumstances, the deportation decision may be waived or suspended based on humanitarian considerations, such as the risk of torture, inhuman or degrading treatment, or serious health conditions.

  3. Is legal representation necessary during the deportation process? While legal representation is not mandatory, it is highly recommended to seek the assistance of a lawyer specializing in immigration law to ensure your rights are protected and to navigate through the complex deportation process.

  4. What are the consequences of deportation? Deportation can have significant personal, social, and economic consequences, including the disruption of families, separation from loved ones, and limitations on future employment and educational opportunities.

  5. How can I find out if there is a ban on my entry to Turkey? You can find out if there is an entry ban on you by checking at the border gate or by contacting the foreign representative of the Republic of Turkey in your country.

Conclusion

Deportation of foreigners in Turkey is a complex legal process that requires careful consideration and understanding. By familiarizing yourself with the reasons for deportation, the rights of foreigners, and the deportation process, you can navigate through this challenging situation more effectively. Remember to seek professional legal advice to ensure your rights are protected throughout the deportation process. Lex Lata Consulting and Law Firm is here to provide you with the expertise and support you need.