Procedure, Objection, and Reversal
We had explained the reasons for deportation from Turkey and the exceptions to this situation in our previous articles, and the alternative process in self deport in Turkey. Here, we will discuss the procedure and objection process, including whether can deportation be reversed, without mentioning the reasons for deportation from Turkey and their exceptions in detail.
Deportation Procedure and the Status of the Foreign National in Other Applications
Measures restricting freedom may need to be taken against foreigners who are subjected to deportation procedures or are invited to leave Turkey, as per Turkey deportation rules. An administrative detention order may also be issued in addition to the deportation decision. The law specifies the period that the administration must comply with in these situations, and it is common practice for the foreign national to be kept under supervision for this period.
The decision to deport a foreign national, the invitation to leave Turkey, and/or the administrative detention decision shall be made within forty-eight hours at the latest. For the start of the 48-hour period regarding the foreign national; two situations are in question: apprehension by law enforcement or identification by the Provincial Directorate.
For foreign nationals apprehended by law enforcement forces, the 48-hour period begins at the moment the foreign national is delivered to the Removal Centre. The foreign national may not be delivered to a removal centre. If the foreign national cannot be delivered to a removal centre, the 48-hour period will begin when the documents compiled by the law enforcement forces are delivered to the relevant provincial directorate. Additionally, if information about the foreign national’s identity cannot be accessed, the foreign national’s statement may be taken into account.
If it is determined by the provincial directorate that the foreign national will be deported, the start time of the 48 hours begins with the foreign national’s presence at the provincial directorate. Assistance from law enforcement may be requested to protect the foreign national and prevent their escape. Law enforcement may remain present at the requested location until these procedures are concluded. The conclusion of the procedures means the foreign national being sent to a removal centre or the completion of the deportation procedures against them.
The needs and sustenance of foreign nationals during the period they are under law enforcement supervision must be met by the provincial directorate. A decision to deport a foreign national may be made in their absence. The foreign national is not expected to make a defense solely for this decision to be made. Therefore, a deportation decision can also be made against foreigners whose need for deportation is determined in their absence.
Issuing the Reasons for Deportation from Turkey
The deportation decision must be made individually and separately for each foreign national. A collective deportation decision cannot be made. Understanding these Turkey deportation rules is crucial for anyone facing such proceedings. The deportation decision is made by the governorship of the province where the foreign national was apprehended, processed, or identified, ex officio or upon the request of the General Directorate. The assessment that will form the basis for the deportation of foreigners will be made by the provincial directorate. The location where the assessment will be made may be different from the location of the provincial directorate. In this case, coordination regarding the decision is provided by the provincial directorate. The deportation decision shall include one of the following: that the foreign national will be deported directly, is invited to leave Turkey, or is subjected to administrative detention.
The assessment that will form the basis for the decision is, as a rule, made by the provincial directorate. Coordination regarding the location where the assessment will be made is provided by the provincial directorate. Accordingly, the assessment can be made outside the provincial directorate, in Removal Centres, or in another location deemed appropriate by the provincial directorate.
The existence of a removal centre in the province where the foreign national was apprehended is investigated. Primarily, the notification from the provincial directorate regarding the capacity status of the removal centre must be received. The foreign national is taken to the removal centre by law enforcement after the capacity assessment is positive. The deportation and related decisions are now made at this removal centre.
If deemed necessary by the governorship, it is possible to take additional security measures according to the responsibility area.
If one of the grounds constituting the reasons for deportation from Turkey occurs regarding a foreign national, only one deportation decision is made for each incident. If a foreign national against whom a deportation decision has been made is sent to another province, a separate, duplicate deportation decision for the same reason is not made by the receiving province. The deportation procedures continue based on the initial deportation decision.
A deportation decision is made against those who voluntarily apply to the provincial directorates wishing to go to a third country or return to their country of origin before their status as irregular migrants is determined by the competent authorities. If it is concluded that the foreign national will not pose a threat to general security, they are placed at a suitable address as an alternative to administrative detention and the deportation procedures are followed from there.
Finally, the deportation decision is notified to the person concerned. The notification also states that if an application is made to the administrative court against the deportation decision, the authority that issued the deportation decision must be informed.
Non-Execution: Can Deportation Be Reversed?
The deportation decision cannot be executed if the foreign national would face “inhuman treatment in the country they are to be sent to, for health reasons, age, the continuation of pregnancy, treatment for a life-threatening illness, or for being a victim of human trafficking and requiring psychological support therapy.” In such scenarios, one may ask, can deportation be reversed? The reasons listed for the execution of the deportation decision must cease in some way for the decision to be executed. The deportation decision can also be terminated by judicial authorities; in this case, the necessary procedures must be carried out as per the decision, which is one way Turkey deportation rules allow for a reversal of the process.
Administrative Detention for Deportation
When issuing an administrative detention order for deportation, opinion is obtained from security units for identifying foreigners who endanger public order or public security, and from the relevant units of the Ministry of Health for identifying foreigners who threaten public health.
Foreign nationals whose residence permit is not granted or whose residence permits are revoked, and who are understood to have used fake or fraudulent documents or to pose a threat to public order, public security, or public health—common reasons for deportation from Turkey—are placed under administrative detention.
Objection to the Administrative Detention Order
The competent court for objections against administrative detention orders is the Criminal Court of Peace. The Criminal Court of Peace where the foreign national is detained has jurisdiction. The Criminal Judge of Peace concludes the review within five days. The decision of the Criminal Judge of Peace is final. The application of a foreign national under administrative detention solely to the administrative court against the deportation decision does not suspend the administrative detention. Also, the application to the Criminal Judge of Peace against the administrative detention order alone does not suspend the deportation procedure. Therefore, they must be filed as two separate applications. The duration of the administrative detention order issued based on a deportation decision made through a file-based assessment in the absence of the foreign national begins at the moment the foreign national is apprehended. The assessment period for the administrative detention decision is 48 hours.
The period of administrative detention cannot exceed six months. If the deportation procedures cannot be completed due to the foreign national’s;
* lack of cooperation, or
* failure to provide accurate information or documents regarding their country,
the period may be extended by a maximum of six additional months. Uncooperative behaviour is duly punished under Turkey deportation rules through such extensions.
The necessity of the continuation of administrative detention is regularly assessed by the governorship every month. If deemed necessary, the foreign national is released without waiting for the thirty-day period. Alternative obligations are imposed on these foreigners as an alternative to administrative detention. These alternative obligations are, in order: Residing at a specific address, reporting, family-based return, return counseling, performing duties on a voluntary basis in services for the public good, collateral, electronic monitoring. For more information, you can check our article on self deportation.
Objection to the Deportation Decision
A critical question for many is, can deportation be reversed through legal channels? An objection to the deportation decision is carried out through the Administrative Court. The competent venue is the Administrative Court where the administrative action was taken. Therefore, a request for its suspension must be made from the Administrative Court that issued the deportation decision. It is possible for the foreign national or their authorized lawyer to object to this decision within 7 days following the notification of the deportation decision. The administration suspends the deportation procedure from the moment it learns that a judicial recourse has been sought against the deportation decision. The assessment period for the deportation decision is 48 hours.
