Deportation

What is deportation?

The procedure by which the appropriate governorate expels a non-citizen from Turkey's territory under certain circumstances renders their presence unlawful.

A. Reasons for Deportation of Foreigners

A deportation decision regarding a foreigner is taken as an exception. However, it is possible to deport a foreigner under certain conditions. Let's examine these conditions one by one:

• If a foreigner exceeds their visa or residence permit duration or the permitted stay duration in the country by ten days and does not voluntarily report to the border gates, they will be deported. In such a case, it is possible that the foreigner may have applied for an extension if they have exceeded their residence or visa duration. If the foreigner has applied for a residence permit or for an extension of the residence permit after the expiration of the visa or visa exemption, they are entitled to stay in Turkey until their application is concluded. Therefore, it is necessary to wait up to 10 days following a rejection decision for deportation. Lastly, the foreigner must be forcibly removed, not voluntarily.

• It is a well-known fact that a foreigner with a visa or visa exemption has the right to stay in Turkey during the validity period of these documents. For this reason, the foreigner may have entered the country either with a visa or visa exemption. If the foreigner has applied for a residence permit and this application has been rejected, the stay duration granted by the visa or visa exemption will continue from the date the residence permit application is rejected. Therefore, a deportation decision cannot be taken against the foreigner because they are still using the time granted by the visa or visa exemption. Thus, 10 days must pass after the expiration of the visa or visa exemption period, and the foreigner must not have voluntarily reported to the border gates.

• It is possible for a foreigner to withdraw their international protection request or be deemed to have withdrawn it. If the foreigner has withdrawn or is deemed to have withdrawn their application, has not filed a lawsuit within a certain period, has given up on filing a lawsuit, and has not voluntarily left the country, a deportation decision will be taken.

• For applicants whose international protection applications are evaluated as "inadmissible" or under "accelerated procedure," except for those who appeal, a deportation decision will be made.

• If a foreigner is found to be working without a valid "work permit", they will be notified of the cancellation of their residence permit and must leave the country within 10 days. Otherwise, a deportation decision will be made.

• A deportation decision will be issued for individuals who do not continuously reside at the address registered in the address registration system.

• A foreigner sentenced to a prison term exceeding 2 years under the Turkish Penal Code must be deported after serving their sentence.

• A deportation decision will be made for those found to have used forged documents to obtain a residence permit or visa.

• A deportation decision will be made for foreigners considered to be a threat to public health, public security, or public order.

• A deportation decision will be made for those who enter Turkey at places other than the designated border gates, except for cases of international protection.

• Individuals collaborating with groups recognized as terrorist organizations at the national or international level will be deported. The principle of "non-refoulement" does not apply to individuals who meet these standards.

It is important to distinguish between a deportation decision and a fine imposed for staying in the country without permission. These are two different matters. Even if a foreigner is in the country illegally, a deportation decision is not enforced when they wish to leave the country voluntarily if the other conditions are met. However, if there is no legal basis for staying in the country, a fine will be imposed in any case. The entry ban applied to a foreigner who overstays their legal stay period is also different from deportation. The "entry ban" and "fine" will take effect after the foreigner leaves the country.

B. Channels Through Which a Foreigner May Be Deported

Foreigners may only be deported following a deportation decision taken by the governorate. A deportation decision regarding a foreigner is made when the conditions for residence permits or visas granted under the law are no longer met or when the visas/residence permits are canceled. We have previously explained the conditions that residence permits and visas must meet. Finally, it should be noted that a foreigner who is subject to a deportation decision will be removed from Turkey's borders.

Countries to which a foreigner may be deported:

• To their country of origin,

• To the country they will transit,

• To the country they transited before arriving in Turkey, or

• To a third country.

A foreigner will be sent to one of the aforementioned countries as a result of the deportation decision. The foreigner's request will also be considered in determining the country to which they will be deported. The criteria for deportation include the foreigner's nationality, whether the country they are planned to be sent to will accept them, and their request regarding a possible third country.

C. Exceptions to Deportation Decisions

A deportation decision will be taken in the circumstances mentioned above. However, no deportation decision will be taken against the following foreigners:

• If a foreigner whose visa or residence permit has been canceled voluntarily reports to the border gates within the legal period of ten days to exit the country,.

• If a foreigner voluntarily reports to the border gates to exit the country, even though they have exceeded the legal period of ten days for visa or visa exemption,.

• If foreigners who entered with a visa or visa exemption and whose residence permit requests have been rejected, use their visa or visa exemption period.

• If a foreigner with a residence permit voluntarily reports to the border gates to exit the country, even though they have exceeded the legal period of ten days after the expiration of the residence permit without an acceptable reason,.

• Upon exceeding the ten-day legal time frame, a foreign national whose application for a residence visa extension has been denied—regardless of whether the applicant was seeking long term, family, or student residency—voluntarily reports to the border gates to leave the country.

• If a foreigner who has withdrawn or is deemed to have withdrawn their international protection application waives their right to sue and declares in writing that they wish to return to their country voluntarily,.

• If a foreigner who has withdrawn or is deemed to have withdrawn their international protection application waives their right to sue and has the right to stay in Turkey under other provisions of the law,.

• No deportation decision will be taken until a final court decision is made regarding those who appeal under the "inadmissible application" and "accelerated procedure" frameworks.

Even when the conditions for a deportation decision are met, there are circumstances where a deportation decision cannot be made. We list the exceptions below:

• If there is substantial evidence that the foreigner will face the death penalty, torture, or inhumane or degrading punishment or treatment in the country to which they will be deported (similar to the non-refoulement principle),.

• If the foreigner has serious health problems, travel is risky due to their age or pregnancy.

• If a foreigner with life-threatening diseases cannot receive treatment in the country to which they will be deported while undergoing treatment in Turkey,.

• No deportation decision can be made against a foreigner who is a victim of human trafficking and benefits from the support process.

• No deportation decision can be made against foreigners who are victims of psychological, physical, or sexual violence until their treatment is completed.

Foreigners subject to all the exceptions listed above may be required to reside at a specific address, report as required and within specified periods, and may face additional obligations.

The exceptions listed above legally grant the foreigner the right to stay in Turkey. However, the law mandates a deportation decision in certain cases. These cases are as follows:

• If the foreigner poses a threat to public order or public security,

• If the foreigner poses a threat to public health, a deportation decision will be made.

When determining whether a foreigner poses a threat to "public order and public security," the opinions of public institutions and organizations will be sought. When determining whether a foreigner poses a threat to "public health," the health report will be considered. In determining diseases that pose a threat to public health, classifications by the Ministry of Health and the United Nations, particularly the degree of contagiousness and lethality, will be taken into account.

D. Other Circumstances Requiring a Deportation Decision

The situations of foreigners whose work permits have been canceled are reported to the General Directorate by the relevant institution to be evaluated under "deportation." A deportation decision will be applied to those found to be using their work permits for purposes other than those intended.

An evaluation is made regarding the deportation decision for the foreigner. If it is determined that a deportation decision is not necessary, a decision stating that there is no need for a deportation decision will be taken by the governorate. This decision is notified to the foreigner in accordance with the relevant law.

For the procedure that follows the deportation judgement and the appeals process, we have developed a separate article.