The deport decision is made in the presence of certain conditions in the law in accordance with Turkish law. In order for foreigners who have been given a deportation decision not to suffer the loss of rights and not to miss the application period for an appeal, it is useful to immediately follow the legal process with a deport lawyer who specializes in removing the deportation decision.
According to Turkish law, in what cases is a deportation decision made about a foreigner?
A removal decision shall be issued for the foreigners who are within the scope of paragraph one of Article 54 of the Law on Foreigners and International Protection listed below;
a) Foreigners who are deemed to be removed pursuant to Article 59 of the Law numbered 5237 (a. 54/1-a),
b) Those who are leaders, members or supporters of a terrorist organization or a benefit oriented criminal organization (a. 54/1-b)
c) Foreigners who submit untrue information and false documents during the entry, visa and residence permit procedures (a.54/1-c),
ç) Foreigners who make their living from illegitimate means during their stay in Turkey (a.54/1-ç),
d) Foreigners who pose a threat in terms of public order or public security or public health (a.54/1-d),
e) Foreigners who has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled (a.54/1-e),
f) Foreigners whose residence permits are cancelled (a.54/1-f),
g) Foreigners who have residence permit yet overstay the duration of it for more than ten days without an allowable reason (a.54/1-e),
ğ) Foreigners who are determined to be working without a work permit (a.54/1-ğ),
h) Foreigners who breach the terms and conditions for legal entry into or exit from Turkey (a.54/1-h),
ı) Foreigners who are determined to have entered into Turkey despite an entry ban to Turkey (a.54/1-ı),
i) Foreigners whose international protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in the Law numbered 6458 they no longer have the right of stay in Turkey after the final decision (a.54/1-i),
j) Foreigners who fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused (a.54/1-j),
k) (Annex: 3/10/2016-KHK-676/36 article.; Reenacted: 1/2/2018-7070/31 article) Those who are determined to be connected with the terrorist organizations identified by the international institutions and organizations
2) (Ammendment:3/2016-KHK-676/36 article; Reenacted: 1/2/2018-7070/31 article) A removal decision may be issued at every stage of international protection proceedings in respect of international protection applicants or international protection beneficiaries who are evaluated as being within the scope of (b), (d) and (k) subparagraphs of the first paragraph of this Article
Can the deportation decision be applied to the judicial path? How is the legal process after the deportation decision?
The deportation decision shall be communicated to the foreigner or the deport lawyer about whom the deport decision has been made, including the grounds. A foreign or deport lawyer may apply to the administrative court within seven (7) days from the date of notification of the decision against the deport decision.This application to the Administrative Court is completed within fifteen (15) days. This application must also be notified by the deport lawyer of the foreigner or foreigner to the deport decision-making authority. The decision made by the Administrative Court is final. During the trial, The Foreigner is not deported unless the foreigner has a request to the contrary.