What Is The Process Of Deportation?
What is the deportation decision?
Deportation decision can be defined as the removal of a foreign citizen from the borders of Turkey for certain reasons. This decision can only be taken by the governorships. The evaluation and decision phase of the deportation decision takes a maximum of 48 hours.
Who can be deported?
- Foreigners who have been sentenced to imprisonment for their crimes, those who have been given a deportation decision by the Ministry of Internal Affairs after the execution of the sentence or conditional release by means of probation and in any case after the execution of the sentence is completed.
- Those who are managers, members or supporters of a terrorist organization or profit-oriented criminal organization
- Those who use false information and fake documents in the procedures for entry to Turkey, visa and residence permits
- 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- Those whose residence permits have been revoked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 justification after its expiration
- Those found to be working without a work permit
- Those who 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
- Those whose international protection application is rejected, excluded from international protection, whose international protection application is considered inadmissible, those whose international protection application is withdrawn, whose international protection application is deemed withdrawn, whose international protection status has expired or whose international protection status has been cancelled, do not have the right to stay in Turkey with the final decision.
Who can not be deported?
- Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they will 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 who benefit from the victim support process
- Victims of psychological, physical or sexual violence until their treatment is completed
If you get deported can you come back in Turkey
If the person applies to the administrative court and the decision is revoked, it is possible to re-enter Turkey.
How long does it take to get deported from Turkey?
Provincial Immigration Administrations or governorships take this decision about the foreigner to be deported.
Judicial action against deportation order
The foreigner or his legal representative or lawyer may apply to the administrative court against the deportation decision within seven days from the notification of the decision. The person applying to the court also notifies the authority that made the deportation decision. How long does it take for immigration judge to make a decision? Applications made to the court are finalized within fifteen days. The decision of the court is final. Provided that the consent of the foreigner is reserved, the foreigner is not deported within the period of filing a lawsuit or, in case of applying to the court, until the conclusion of the trial.
I received an exit permit what should I do?
Those for whom a deportation decision has been taken are given a period of up to thirty days, not less than fifteen days, to leave Turkey, provided that it is stated in the deportation decision. Persons who are given time to leave Turkey are given an "Exit Permit", which is not subject to any charges. Among those invited to leave Turkey, an entry ban decision may not be taken for those who leave the country in due time. Foreigners who do not leave Turkey in due time are placed under administrative detention.
The following persons are not invited to leave Turkey and the above-mentioned period is not applied to them:
- Those who are at risk of escaping and disappearing,
- Those who violate the rules of legal entry or exit,
- Those who use fake documents,
- Those who try to obtain a residence permit with false documents or are found to have obtained it,
- Those that pose a threat to public order, public security or public health.
Administrative surveillance for deportation
Administrative detention decision is taken by the governorship for the following persons whose deportation decision has been taken:
- Those who are at risk of escaping and disappearing,
- Those who violate the rules of entry or exit to Turkey,
- Those who use fake or false documents
- Those who do not leave Turkey within the given time without an acceptable excuse
- Those who pose a threat to public order, public safety or public health
Those against whom an administrative detention decision has been taken are kept in Removal Centers. The period of administrative detention in the DGM cannot exceed six months. However, this period can be extended for a maximum of six months, in case the deportation process cannot be completed due to the foreigner's failure to cooperate or provide correct information or documents about his/her country. When necessary, a period of thirty days is not expected.The results of these evaluations should be communicated to you in a language that you can understand, along with their justifications. This notice can be made to you or your legal representative or attorney. You can apply to the magistrate against the administrative detention decision, but the application does not stop the administrative detention. The decision of the magistrate is final. As long as the administrative detention continues, the foreigner or his legal representative or lawyer can apply to the criminal judgeship of peace again. No matter what reason you are under administrative detention, you can enjoy the fundamental rights and procedural safeguards protected by the Constitution and International Conventions.
1.The Right to Be Informed
You have the right to be informed in a language that you can understand about the reason for which you have been taken into administrative detention. You have the right to be informed about the results of the administrative detention and deportation decision, how long the detention can last and how to appeal.
2.Right of Access to a Lawyer
People under administrative detention have the right to access a lawyer immediately and should be informed of this right immediately. If you do not have the financial means, you can request legal aid from the Legal Aid Service of the Bar Association in your province.
3. Right of Access to a Doctor
You have the right of immediate access to a doctor of your choice or to another doctor, as soon as you are under administrative detention. In addition, you have the right to benefit from emergency and basic health services free of charge during administrative detention.
4. The Right to Notify Family Members or Other Persons of Administrative Detention
You have the right to notify a family member, friend or other person of the detention decision and the place of detention and any transfer.
5. The Right to Accept Visitors
People under administrative supervision have the right to access their relatives and receive visitors. However, in order for your relatives or visitors to see you, they may be asked to show an identity document that proves the kinship or affiliation between you.
6.The Right to Apply to the Court
You have the right to apply to the court against the administrative detention and deportation decision.
7.Right to Compensation
You have the right to compensation if you suffer a grievance as a result of the administrative detention decision.
**This study is prepared by Kula Law Office. Please contact by e-mail ([email protected]) or call at +902324350604 for publication of the article in other channels, detailed information and questions about the subject.