Beginning

In Turkey, especially with the recent immigration from the Middle East and Central Asia, legal and social issues about foreigners have become curious. The subject of this article is about the deportation of foreigners from Turkey. Regarding the subject, the Law on Foreigners and International Protection should be examined.

Brief Deportation Order

To summarize the deportation decision briefly; It covers the removal of the foreigner out of Turkey for a period of 1 year, 3 years and 5 years, as per the decision of the competent authority. With this decision, the foreign person will be taken into custody in Turkey and will be taken abroad as soon as possible. Within the period specified in the decision, the foreign person will not be able to enter Turkey.

The regulations on this subject, the implementation and procedure of the decision, and the appeal procedures will be examined in this article. It is strongly recommended that you consult an experienced Lawyer on Foreigners and Immigration Law regarding the deportation decision, since the implementation of the issues to be examined here and the follow-up of the process are complex.

Reasons for Deportation

The reasons for deportation are specified in the relevant laws. First of all, it should be noted that the deportation decision will only be applied to foreigners. There is no question of deportation of people who are Turkish citizens.

  • Foreigners who have a Deportation Decision in accordance with Article 59 of the Turkish Penal Code;

According to article 59 of the Turkish Penal Code, a letter is written to the Ministry of the Interior to decide whether foreigners who are sentenced to prison for their crimes will be deported after the execution of the sentence, their release on probation or the execution of their sentence with probation. The Ministry of Interior decides whether or not the person will be deported based on the punishment and similar situations he/she has committed. According to this decision, the foreigner may or may not be deported after the execution.

  • Foreigners Who Are Members, Supporters, and Associated with Organizations Considered as Terrorist Organizations by International or National Authorities
  • Foreigners who illegally earn their income in Turkey;

Foreigners who make their living through smuggling, drug manufacturing or dealership during their stay in Turkey will be deported upon detection of this situation.

The biggest mistake in practice in this regard is not waiting for a court decision to determine whether the said act of illegal gain has been committed by the foreigner. In this case, the relevant authority turns into a court and has the authority to pass judgment on individuals. This situation creates a great violation of human rights and is one of the issues that need to be resolved.

  • Foreigners who are a threat to public order, security or health;

These concepts are vague concepts and the competent authority has the authority to evaluate. The evaluation of which action is against public safety or not is an abstract evaluation and will be explained here with examples.

The concept of a threat to public health includes the expulsion of persons with a contagious disease. E.g; Since the person with Ebola virus has a very high probability of infecting his/her environment and may cause an epidemic in the country, a deportation decision may be made based on public health.

A decision to deport a foreigner who has committed a crime but could not be executed because the penalty of the crime is time-barred may be given on the grounds that it poses a threat to public security.

Again, even if the sentence of the foreigner who has committed a crime is executed, considering the possibility of re-offending, a deportation decision may be made for the foreigner on the grounds of a threat to public order.

  • Exceeding the Visa Period Given to Him More Than 10 Days Or Foreigners whose Existing Visa Has Been Canceled;

As it is known, it is necessary to pay attention to the visa period given when entering the country or the day the exemption ends for those who do not want a visa. Possible disruptions were also foreseen, and an additional 10 days were granted for the expiry of the visa. At the end of these ten days, a deportation decision is made for the foreigner who does not leave Turkey.

As the cancellation of the visa constitutes an exceptional situation, the Foreigner must leave Turkey as soon as it is cancelled. For this reason, a deportation decision is taken immediately for foreigners whose visas have been revoked.

  • Foreigners whose Existing Residence Permits Have Been Denied for Any Reason;

Foreigners whose residence permit is refused will be deported if they do not have any other justifiable reason to stay in the country (such as a visa).

  • Foreigners who do not leave Turkey without a justified reason until the end of the residence permit period or 10 days after the application for a residence extension is rejected;

Persons whose residence permit has expired have to leave Turkey unless there is a justifiable reason. Despite this, a deportation decision will be made for foreigners who do not leave for more than 10 days. Examples such as the absence of a flight ticket can be given as a justifiable reason.

  • Foreigners Working In A Workplace With Or Without A Work Permit;

In order for a foreigner to work in Turkey, he must have a work permit obtained from the competent authority. This situation aims to balance the irregular workforce and the free market. For this reason, foreigners working without a work permit will be deported.

  • Foreigners Violating or Attempting to Violate the Legal Entry and Exit Ways to Turkey as Specified in the Laws;

This means entering Turkey illegally. If a foreigner who is illegally in Turkey is detected, he will be deported.

  • Foreigners Entering Turkey Despite the Entry Ban;

A ban on entry to Turkey for a certain period of time is also given for foreigners who have been deported. Foreigners who enter despite this ban will be deported again.

  • Foreigners whose International Protection Application is Denied, Canceled or Ended;

International protection application is a detailed subject and will be examined in another article.

Deportation Procedure

A- Ordinary Procedure

The deportation decision is made by the provincial immigration administration affiliated to the Governor’s Office based on one of the reasons stated above. Provincial immigration administration takes this decision within 48 hours.

After the deportation decision is taken, the decision is notified to the person, his legal representative or his lawyer. In the deportation decision, there is a letter of invitation to leave Turkey with the reasoned reasons for the decision. In this case, there are two situations that the foreigner can do;

  • In the letter of invitation to leave, a period of between 15 and 30 days is specified for the foreigner and it indicates that the foreigner should leave the country within this period. In the first case, the foreigner leaves the country within the time specified in the invitation. In this case, since the foreigners left the country of their own accord without any difficulty, a ban on entry to Turkey may not be issued for these foreigners.
  • In the second possibility, the foreigner can file a lawsuit to the Administrative Court for the annulment of the deportation decision within 7 days. With the filing of this lawsuit, the deportation proceedings automatically stop. However, it should be reported to the competent authority that a lawsuit has been filed for this. Since the decision to be made in this case is final, it is recommended that the case be filed through a lawyer.

B- Unusual Procedure

The usual way of deportation is as we mentioned above. However, in some cases, there may be a possibility that the stranger will escape or that there is a possibility of harming other people. For these cases, a deportation procedure different from the usual method above has been determined. These individuals are not given an invitation to leave the country and are placed under direct administrative detention;

  • Foreigners who do not leave the country within the period specified in the letter of invitation to leave the country,
  • Persons who have entered the country other than the legal entry and exit routes,
  • Foreigners using fake documents,
  • Foreigners with the possibility of escaping or getting lost,
  • Foreigners who have obtained or are trying to obtain a residence permit with false documents and information,
  • Foreigners who pose a threat to public order, security and health,

Administrative detention decision is taken against him.

Administrative Oversight Decision

The Administrative Detention decision is the detention of the foreigner in the Removal Center for the reasons mentioned above and his detention for up to 6 months. After 6 months, if the foreigner does not cooperate or does not provide the necessary information or documents, it can be extended for another 6 months.

The situation of the foreigner who has an administrative detention decision is evaluated by the competent authority every month and it is decided whether it will continue or not. If a decision not to continue is made, this decision can always be made, there is no need to wait for the month to expire.

The foreigner to be released is notified to the Ministry of Interior. With the approval of the Ministry, the administrative detention of the person is terminated. In order to prevent the possibility of escape of the foreigner whose Administrative Oversight has ended, one or more of the following surveillance methods can be applied for a maximum of 24 months;

  • Making a Notification (Ex: Going to an institution once a month and signing)
  • Getting Return Consultancy
  • Follow up via electronic tracking
  • Giving financial guarantee
  • Voluntary public service
  • Living at a specific address
  • Family Based Return

In case of non-compliance with the alternative surveillance methods given for the foreigner, an Administrative Oversight Decision may be issued again for the foreigner.

Judicial Way

Against the deportation decision, an application is made to the Administrative Court within 7 days from the notification of the decision. In this case, the foreigner cannot be deported until the court is concluded.

With the administrative detention Decision, an application is made to the Criminal Judge of Peace against the follow-up through electronic monitoring. This application is concluded by the Criminal Judge of Peace within 5 days.