Deportation Law In Turkey
As can be seen under mentioned provisions Turkish lawyer are authorized to seize the deportation process in case of application to the court. Administrative courts of Turkey are specialized on these matters.
SECTION FOUR Deportation
ARTICLE 52- (1) Foreigners may be deported to their country of origin or a transit country or a third country by a deportation decision.
ARTICLE 53- (1) Deportation decision shall be issued upon instruction of the Directorate General or ex officio by governorates.
(2) The decision and the reasons on which it is based shall be notified to the foreigner, his or her legal representative or his or her lawyer. In case the person against whom a deportation order is issued is not represented by a lawyer, he or she or his or her legal representative shall be notified of the result of the decision as well as the procedures and time limits for appeal.
(3) The foreigner, his or her legal representative or his or her lawyer may appeal to the administrative court against the deportation decision within fifteen days as of the date of notification. The person who has appealed the decision shall also inform the authority that has issued the deportation decision about the appeal lodged to the court. Applications to the court shall be concluded in fifteen days. The decision of the court on the issue shall be final. In case of an appeal or in the term of litigation, the foreigner shall not be deported until the finalization of the judgment, without prejudice to the consent of the foreigner.
Those against whom a deportation decision shall be issued
ARTICLE 54- (1) A deportation decision may be issued against foreigners:
a) For whom a deportation decision is deemed necessary pursuant to Article 59 of the Law No. 5237,
b) Who are a leader, member, supporter or of a terrorist or a benefit-oriented criminal organization,
c) Who use false information and fraudulent documents in procedures concerning entry into Turkey, visa and residence permits,
ç) Who make a living through illegitimate means during their stay in Turkey,
ç) Who constitute a threat to public order and security or public health,
d) Who exceed the duration of visa or visa exemption more than 10 days, or those whose visa has been cancelled,
e) Whose residence permits are cancelled,
f) Who hold residence permits but exceed the duration of the residence permit for more than 10 days without an acceptable excuse,
g) Who are identified as having been working without a work permit,
g) Who violate the provisions on legal entry into or legal exit from Turkey,
i) Who are identified as having arrived in Turkey despite a valid ban on entry,
g) From among persons whose applications for international protection are rejected, who are excluded from international protection, whose applications are considered as inadmissible, who withdraw their application, whose applications are deemed to be withdrawn, whose international protection statuses have ceased or have been cancelled, those who are not entitled to stay in Turkey pursuant to any other provision of this Law following a final decision,
j) From among persons whose applications for the extension of residence permits have been rejected, those who do not leave Turkey within 10 days.
(2) Among applicants or beneficiaries of international protection, a deportation decision may be issued only when there are serious indications to believe that such persons constitute a threat to the security of the State, or when such persons are convicted of a crime which constitutes a threat to public order.
Those against whom a deportation decision shall not be issued
ARTICLE 55- (1) Regardless of whether they fall under the scope of Article 54 of this Law, a deportation decision shall not be issued against those:
a) for whom there are serious indications that he or she will be subjected to the death penalty, torture, cruel or degrading treatment or punishment in the country to which they will be deported,
b) who face risks in case of travel due to reasons of serious health problems, age and pregnancy,
c) who cannot receive treatment in the country to which he or she will be expelled while treatment for the life-threatening health problem is continuing,
ç) who are victims of human trafficking benefitting from victim support processes,
ç) who are victims of psychological, physical or sexual violence until their treatment is completed.
(2) Evaluations concerning foreigners who fall under the first paragraph shall be made on an individual basis. These persons may be subject to administrative obligations such as residence in a designated address and reporting to authorities in the form and intervals requested.
Summons to leave Turkey
ARTICLE 56- (1) Provided that it is stated in the deportation decision, a period no less than fifteen days and no longer than thirty days shall be granted for foreigners to leave Turkey. However, this period shall not be granted to foreigners who may abscond or disappear, who violate rules for lawful entry and exit, who use fraudulent documents, who attempt to obtain or who have been identified as having obtained a residence permit with fraudulent documents, and who constitute a threat to public order and public security or public health.
(2) A "Departure Permission Document" shall be issued to persons who have been granted a period to leave Turkey. This document shall be issued free of charge. Visa and residence fees and obligations arising from penalties of such fees shall be reserved.
Administrative detention for deportation and its period
ARTICLE 57- (1) In the event that foreigners who fall under Article 54 of this Law are apprehended by law-enforcement units, the governorate shall be informed immediately to take a decision for such persons. Among the mentioned persons, a deportation decision against those for whom a deportation decision is deemed necessary shall be taken by the governorate. The period of evaluation and decision shall not exceed 48 hours.
Among the foreigners for whom a deportation decision is issued, those who may abscond or disappear, who violate rules for entry into and exit from Turkey, who use fraudulent or unfounded documents, who do not leave Turkey in the granted period without an acceptable excuse, who constitute a threat to public order and security or public health shall be placed under administrative detention by decision of the governorate. Those against whom an administrative detention decision is issued shall be transferred by the law-enforcement unit which has apprehended the foreigner to a removal center within 48 hours.
The period of administrative detention in removal centers shall not exceed six months. However, in case the deportation procedures cannot be completed due to non- cooperation of the foreigner or misinformation or false documents provided by the foreigner regarding his or her country, this period may be extended for a maximum of six additional months.
The necessity to continue the administrative detention shall be re-evaluated regularly every month by the governorate. When necessary, re-evaluation can be conducted at an earlier period. In case administrative detention is no longer deemed to be necessary for the foreigner, administrative detention shall immediately be ended. Foreigners whose administrative detention is ended may be subject to obligations such as residence in a designated address and reporting to authorities in the form and periods requested.
The administrative detention decision, the extension of the period of administrative detention and the results of the monthly assessments, along with the reasons on which it is based, shall be notified to the foreigner, his or her legal representative or his or her lawyer. In case the person against whom a deportation order is issued is not represented by a lawyer, he or she or his or her legal representative shall be notified of the result of the decision as well as the procedures and time limits for appeal.
The person who has been placed under administrative detention, his or her legal representative or his or her lawyer may appeal against the administrative detention decision to the Magistrates' Court judge. The appeal shall not stay the execution of the administrative detention. In case the petition is submitted to the administration, it shall be conveyed to the authorized Magistrates' Court judge without delay. The Magistrates' Court judge shall conclude the review within five days. The decision of the Magistrates' Court judge shall be final. The person who has been taken under administrative detention or his or her legal representative or his or her lawyer may lodge a further appeal to the Magistrates' Court judge, claiming that the conditions for administrative detention have ceased to exist or have changed.
Among those who appeal against the deportation decision, those who do not possess the ability to afford a lawyer, shall be provided legal service upon demand, according to the provisions on legal aid stipulated in the Attorneyship Law No. 1136 dated 19/3/1969.
ABOUT THE AUTHOR: Attorney Gokhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkish rep. and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.
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