SINIR DIŞI ETME-DEPORT KARARI ve İPTAL DAVASI

SINIR DIŞI ETME-DEPORT KARARI ve İPTAL DAVASI

DEPORTATION DECISION AND ANNULMENT CASE

In general

The deportation process is regulated in Articles 52 to 60 of the Law on Foreigners and International Protection (LFIP) No. 6458. A deportation decision is an administrative action taken by the competent authorities for specific reasons related to foreigners. With this decision, foreigners can be deported to their country of origin, transit country or a third country.

Who Makes the Deportation Decision?

According to Law on Foreigners and International Protection No. 6458, the deportation decision is taken by the governorships upon the instruction of the General Directorate or ex officio.

The Deportation Decision Must Be Duly Made

The deportation decision, together with the reasons, is notified to the foreigner or his/her legal representative or lawyer for whom the deportation decision has been made. If the foreign national for whom a deportation decision has been made is not represented by a lawyer, he/she or his/her legal representative is informed about the outcome of the decision, appeal procedures and deadlines. In order for the foreign national to be deprived of his rights and to follow the process in the best way, he must act together with lawyers who are experts in this field.

Reasons for Deportation - Who Can Be Deported?

• Those who are considered to be deported within the scope of Article 59 of Law No. 5237
• Leaders, members, or supporters of terrorist organizations, or leaders, members, or supporters of profit-seeking criminal organizations.
• Those who use fake information and fake documents in entry, visa and residence permit procedures to Turkey.
• Those who make a living illegally during their stay in Turkey
• Those who pose a threat to public order, public security or public health
• Those who have exceeded the visa or visa exemption period for more than ten days or whose visa has been canceled
• Those whose residence permits have been canceled
• Those who have a residence permit but violate their residence permit for more than ten days without a valid reason after it expires
• Those who are found to be working without a work permit
• Those who violate or attempt to violate the provisions of legal entry or legal exit from Turkey
• Those who are found to have come to Turkey despite an entry ban on them
• Those whose international protection applications have been rejected, excluded from international protection, whose applications have been deemed inadmissible, who have withdrawn their applications, whose applications have been deemed withdrawn, whose international protection status has expired or been cancelled, who do not have the right to stay in Turkey according to the other provisions of this Law after the last decision made against them.
• Those whose residence permit extension applications have been rejected, those who do not leave Turkey within ten days
• Those who are considered to be associated with terrorist organizations identified by international institutions and organizations.
• Deportation decisions can be taken at any stage of international protection proceedings for those who pose a threat to public order, public security or public health, and for international protection applicants or international protection status holders who are considered to be linked to terrorist organizations.
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Deportation Decision Cannot Be Taken For Some Foreigners

We mentioned above the right of foreigners who can be deported. Even if they are within the scope of foreigners for whom a deportation decision can be taken, a deportation decision cannot be taken for the following foreigners. These people are as follows;

• Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they will be deported
• Those who are considered risky to travel due to serious health problems, age and pregnancy status
• Those who do not have the opportunity to be treated in the country to be deported while their treatment for life-threatening diseases continues.
• Victims of human trafficking who are benefiting from the victim support process
• Until their treatment is completed, victims of psychological, physical or sexual violence

What is an Invitation to Leave Turkey, Duration and Procedure

For foreigners who can be deported, after the deportation decision is made, the foreigner can take legal action to avoid deportation. A foreign citizen may also accept the invitation procedure to leave instead of not resorting to legal remedies and the severe consequences of some judicial inquiries. A foreign citizen who has one or more of the grounds for the deportation decision may prevent the decision from being recorded in his/her passport with the invitation procedure to leave the country he/she is in or to leave the country he/she is in with his/her consent. It is worth noting that; This procedure does not have to be applied to every foreigner who wants to be deported voluntarily.

Those who have been deported are given a period of not less than fifteen days but up to thirty days to leave Turkey, provided that it is specified in the deportation decision. However;

• Those who are at risk of escape and disappearance,
• Those who violate the legal entry or legal exit rules,
• Those who use fake documents,
• Those who try to obtain a residence permit with unfounded documents or those who are found to have obtained it,
• This period is not given to those who pose a threat to public order, public security or public health.

Persons who are given time to exit Turkey are given an Exit Permit. This document is not subject to any fees. Obligations regarding visa and residence fees and their penalties are reserved.

Objection to the Deportation Decision and Its Duration

The foreigner or his/her legal representative or lawyer may apply to the administrative court against the deportation decision within 7 days from the notification of the decision. The person who applies to the court also notifies the authority that made the deportation decision of his/her application. Applications made to the court are concluded within fifteen days. The court's decision on this issue is final. Although there is a regulation in the law that applications are concluded within 15 days, in practice, such cases take months. In this process, it is necessary to follow the necessary legal remedies in order to avoid loss of rights. Without prejudice to the consent of the foreigner, the foreigner is not deported within the period of filing a lawsuit or until the conclusion of the trial in case of judicial remedy

Competent and Competent Court in the Annulment Case to be Filed Against the Deportation Decision

Since the deportation decision is an administrative act, the competent court for the lawsuits to be filed due to the annulment of the administrative action is the Administrative Courts. The competent court is the administrative courts in the province where the Governorship (Provincial Directorate of Migration Management) is located, which issued the deportation decision in accordance with Article 32 of the İYUK.

Travel Expenses of Foreigners to be Deported

The travel expenses of the foreigners to be deported are covered by themselves. If the foreigner's available money is sufficient to cover all of the deportation travel expenses, the deportation travel expenses are covered by the foreigner's available money, and the remaining amount is left to him/her. If the foreigner does not have any money, all travel expenses are covered by the General Directorate.

If the foreigner's current money is not enough to cover all travel expenses; Travel expenses shall be covered by the General Directorate and the foreigner's available money shall be left to him/her in the sufficient amount to meet the basic needs of the foreigners to be deported determined by the General Directorate at the beginning of each fiscal year, and the remaining part shall be recorded as income to the Treasury in return for travel expenses. If the foreigner's current money is less than the amount sufficient to meet his basic needs, the entire travel expense is covered by the General Directorate and the available money is left to him. Unless the costs are reimbursed, foreigners may not be allowed to enter Turkey.

Foreigners' passports or other documents can be kept until they are deported, and their tickets can be converted into cash for use in deportation procedures. Natural or legal persons are obliged to pay the deportation costs of foreigners whose stay or return they guarantee. The expenses incurred due to deportation are a public receivable in accordance with Law No. 6183 and will be collected by the finance cashiers. The statute of limitations does not run for these receivables.

EVALUATION

The annulment lawsuit to be filed against the deportation decision requires detail, technique and expertise in terms of both the litigation process and the procedure. In this context, it is important to follow the process with a deportation lawyer and immigration lawyer in order not to lose your rights.

As Keskin Law, Mediation and Consultancy, we provide legal services in the field of Foreigners Law in cases related to the deportation of foreigners.