The Process Of Removal In Turkey

Hello, today we will discuss deportation and administrative detention decisions, as well as the legal avenues to challenge these decisions. First, we will address the grounds for deportation decisions and then discuss the legal avenues and timeframes for challenging deportation and administrative detention decisions.

Deportation procedures are regulated in the fourth section of the second part titled "Deportation" of the Law on Foreigners and International Protection No. 6458. Article 54 of this law outlines the reasons for deportation, including:

“(1) a) Foreigners who are deemed to be removed pursuant to Article 59 of the Law numbered 5237 (a. 54/1-a),

b) Those who are leaders, members or supporters of a terrorist organization or a benefit oriented criminal organization (a. 54/1-b)

c) Foreigners who submit untrue information and false documents during the entry, visa and residence permit procedures (a.54/1-c),

ç) Foreigners who make their living from illegitimate means during their stay in Turkey (a.54/1-ç),

d) Foreigners who pose a threat in terms of public order or public security or public health (a.54/1-d),

e) Foreigners who has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled (a.54/1-e),

f) Foreigners whose residence permits are cancelled (a.54/1-f),

g) Foreigners who have residence permit yet overstay the duration of it for more than ten days without an allowable reason (a.54/1-e),

ğ) Foreigners who are determined to be working without a work permit (a.54/1-ğ),

h) Foreigners who breach the terms and conditions for legal entry into or exit from Turkey (a.54/1-h),

ı) Foreigners who are determined to have entered into Turkey despite an entry ban to Turkey (a.54/1-ı),

i) Foreigners whose international protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in the Law numbered 6458 they no longer have the right of stay in Turkey after the final decision (a.54/1-i),

j) Foreigners who fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused (a.54/1-j),

k) (Annex: 3/10/2016-KHK-676/36 article.; Reenacted: 1/2/2018-7070/31 article) Those who are determined to be connected with the terrorist organizations identified by the international institutions and organizations

(2) (Ammendment:3/2016-KHK-676/36 article; Reenacted: 1/2/2018-7070/31 article) A removal decision may be issued at every stage of international protection proceedings in respect of international protection applicants or international protection beneficiaries who are evaluated as being within the scope of (b), (d) and (k) subparagraphs of the first paragraph of this Article”

Individuals exempt from deportation under the same law's Article 55 include those who:

“a) Who with serious indications to believe that they will be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they shall be returned to (a.55/1-a),

b) Who would face risks due to serious health condition, age or, pregnancy in case of travel (a.55/1-b),

c) Who would not be able to receive treatment in the country to which they shall be returned while undergoing treatment for a life threatening health condition (a.55/1-c),

d) Victims of human trafficking, supported by the victim’s assistance programme (a.55/1-ç),

e) Victims of serious psychological, physical or sexual violence, until their treatment is completed (a.55/1-d),”

Against a deportation decision, an application can be made to the administrative court within seven days from the notification of the decision. The administrative court makes a final decision within fifteen days of the application and concludes the process. During the period of filing a lawsuit and resorting to the judicial process, the foreigner shall not be deported.

If a deportation decision is issued, and there is a risk of escape and disappearance, violation of entry or exit rules to Turkey, use of fake or false documents, failure to leave Turkey within the given period without an acceptable excuse, or posing a threat to public order, public safety, or public health, the governorate may issue an administrative detention decision. Those subject to administrative detention are held in Removal Centres (DGGM). The administrative detention period in DGGM cannot exceed six months. However, this period can be extended for up to six months if deportation procedures cannot be completed due to the foreigner's non-cooperation or failure to provide accurate information or documents about their country. The necessity of continuing administrative detention is regularly evaluated by the governorate every month. If necessary, the thirty-day period is not waited for. Those evaluated as not requiring the continuation of administrative detention are immediately reported to the Ministry. If deemed appropriate by the Ministry, the administrative detention decision for the foreigner is lifted. Alternative obligations are imposed on these foreigners in accordance with Article 57/A of the law. These include residing at a specific address, making notifications, family-based return, return counseling, volunteering in public service activities, and providing collateral or electronic monitoring.

If alternative obligations are imposed on a foreigner, this period cannot exceed 24 months. Foreigners who do not comply with alternative measures may be placed under administrative detention.

The person under administrative detention or their legal representative or lawyer may apply to the Judge of Criminal Court of Peace against the administrative detention decision. The application does not suspend administrative detention, but the Judge of Criminal Court of Peace concludes the examination within five days and makes a final decision. The person under administrative detention or their legal representative or lawyer may reapply to the Judge of Criminal Court of Peace, claiming that the conditions of administrative detention have ceased or changed. For detailed information and appointments, you can contact us via the email address avkemalakbulut@outlook.com or the mobile number +90 532 359 45 61. Have a good day.