Deportation from Turkey follows strict legal procedures that protect both state security interests and foreign nationals’ rights. While it is previously explained the reasons for the deportation of foreigners and its exceptions in our article. Here, we will discuss the procedure and appeal process without going into the reasons for deportation or its exceptions.
Deportation Procedure and the Foreigner’s Status in Other Applications
Foreigners subject to deportation procedures or those invited to leave Turkey may face measures restricting their freedom. In addition to a deportation decision, an administrative detention order may also be issued. In such cases, the administration must comply with the time limits specified by law, and it is common for the foreigner to remain under supervision during this period.
The decision to deport a foreigner, issue a call to leave Turkey, and/or impose administrative detention must be made within forty-eight hours at the latest. The 48-hour period begins in two cases:
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Apprehension by law enforcement: The countdown starts when the foreigner is handed over to a Removal Center. If the foreigner cannot be transferred to a Removal Center, the documents compiled by law enforcement are submitted to the relevant provincial directorate, initiating the 48-hour period. Additionally, if the foreigner’s identity cannot be verified, their statement may be taken into account.
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Identification by the provincial directorate – If the provincial directorate determines that the foreigner should be deported, the 48-hour period begins when the foreigner is present at the directorate. To ensure the foreigner’s protection and prevent escape, law enforcement assistance may be requested. Law enforcement may remain present until the procedures are completed, meaning until the foreigner is sent to a removal center or the deportation process is finalized.
While foreigners are under law enforcement supervision, their needs and sustenance must be provided by the provincial directorate. A deportation decision can be issued in absentia. The foreigner is not required to present a defense solely for this decision. Thus, deportation orders may also be issued for foreigners whose deportability is determined in their absence.
Issuance of the Deportation in Turkey
A deportation order must be issued individually for each foreigner. Collective deportation orders are not permitted. The deportation decision is made by the governorship of the province where the foreigner was apprehended, processed, or identified, either ex officio or upon request by the General Directorate. The assessment justifying deportation is conducted by the provincial directorate. The location of the assessment may differ from the directorate’s headquarters, in which case coordination is handled by the directorate.
The deportation order must specify one of the following:
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Direct deportation,
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An invitation to leave Turkey, or
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Administrative detention.
The assessment justifying the decision is typically conducted by the provincial directorate. Coordination regarding the assessment location is managed by the directorate. Thus, the evaluation may take place outside the directorate’s premises, such as in Removal Centers or other approved locations.
The presence of a Removal Center in the province where the foreigner was apprehended is checked. Priority is given to obtaining the directorate’s assessment of the center’s capacity. If capacity permits, law enforcement transfers the foreigner to the Removal Center, where deportation and related decisions are then issued.
If deemed necessary by the governorship, additional security measures may be implemented based on jurisdictional responsibility.
Only one deportation order is issued per incident if grounds for deportation exist. If a foreigner subject to a deportation order is transferred to another province, a duplicate order is not issued for the same reason. The initial deportation order remains valid, and proceedings continue accordingly.
Irregular migrants who voluntarily apply to provincial directorates before being identified by authorities—either to travel to a third country or return to their country of origin—are issued deportation orders. If the foreigner is deemed not to pose a general security threat, they may be assigned a suitable residence as an alternative to detention while deportation procedures proceed.
Finally, the deportation order is served to the concerned individual. The notice must state that if an appeal is filed with the administrative court against the deportation order, the authority that issued the decision must be informed.
Cases Where the Deportation Order Cannot Be Executed
A deportation order cannot be executed if the foreigner would face:
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Inhumane treatment in the destination country,
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Health-related reasons (e.g., medical treatment for life-threatening conditions),
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Age, ongoing pregnancy, or
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Being a victim of human trafficking requiring psychological support.
The deportation order can only be executed once these obstacles no longer apply. The order may also be terminated by judicial authorities, in which case the necessary procedures must be followed.
Administrative Detention for Deportation
When issuing an administrative detention order for deportation, authorities consult:
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Security units to identify foreigners threatening public order or security, and
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Health Ministry units to determine foreigners posing public health risks.
Foreigners denied residence permits or whose permits are revoked—particularly those who:
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Used fake or fraudulent documents, or
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Pose a threat to public order, security, or health—are placed under administrative detention.
Appeal Against Administrative Detention
Administrative detention orders may be appealed before the Criminal Judgeship. The court with jurisdiction is where the foreigner is detained. The judge must conclude the review within five days, and the decision is final.
Filing an appeal against the deportation order with the administrative court does not suspend administrative detention. Similarly, appealing the detention order does not halt deportation. Thus, separate appeals must be filed for each.
If the deportation order was issued in absentia, the detention period begins upon apprehension. The assessment period for administrative detention is 48 hours.
Administrative detention cannot exceed six months. However, if deportation cannot be completed due to:
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The foreigner’s lack of cooperation, or
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Failure to provide accurate information or documents about their country,
the detention may be extended by up to six additional months.
The necessity of continued detention is evaluated monthly by the governorship. If deemed unnecessary, the foreigner may be released before the 30-day period ends and assigned alternative obligations, including:
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Residing at a specified address,
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Reporting obligations,
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Family-assisted return,
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Return counseling,
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Voluntary public service,
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Providing a guarantee, or
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Electronic monitoring.
Appeal Against the Deportation from Turkey
An appeal against a deportation order is filed with the Administrative Court. The competent court is where the administrative action was taken. Thus, the request to suspend the deportation must be submitted to the administrative court that issued the decision.
The foreigner or their authorized lawyer may appeal within sixty days of being served the deportation order. Once the administration is notified of the appeal, it must suspend deportation proceedings. The review period for the deportation order is 48 hours.
Please do not confuse this with an appeal against a foreigner’s apprehension order. For a foreigner subject to an apprehension order, the appeal period is only 7 days. The appeal in this case must demonstrate that the foreigner’s remaining freely in the country does not pose a risk to the execution of the deportation order against them. While the legality of the deportation order is reviewed by the administrative court, an appeal against the apprehension order can only be filed before the criminal judgeship.
Deportation from Turkey: What You Need to Know
Deportation from Turkey is a legal process where foreign nationals are ordered to leave the country due to violations of immigration laws or security concerns. If you are deported from Turkey, authorities may issue an administrative detention order while arranging your removal. What happens if you are deported from Turkey depends on the circumstances—some individuals may be banned from re-entering for a specific period, while others could face legal consequences if they return illegally. Understanding the procedures and appeal rights is crucial for those affected by deportation from Turkey.
Reasons and Consequences of Being Deported from Turkey
Foreigners may face deportation from Turkey for reasons such as overstaying visas, working illegally, or posing a security threat. Once deported from Turkey, individuals are typically sent to their home country or a third nation that agrees to accept them. What happens if you are deported from Turkey also includes potential entry bans, which can last from a few months to several years. Those who ignore a deportation from Turkey order may face stricter penalties, including longer detention or permanent bans.
Appealing a Deportation from Turkey Decision
If you are at risk of being deported from Turkey, you have the right to appeal within seven days of receiving the order. What happens if you are deported from Turkey without an appeal? The process moves forward, and removal becomes mandatory. However, filing an appeal can temporarily halt deportation from Turkey while the court reviews the case. Knowing your legal options is essential, as wrongful deportations can sometimes be challenged successfully.
Summary
Deportation from Turkey is a formal removal process for foreigners violating immigration laws. If deported from Turkey, individuals may face entry bans and detention. What happens if you are deported from Turkey depends on the case, but appeals can delay or overturn the decision. Understanding the process helps protect your rights.
