In Turkish law, "Foreigner" is defined as a person who does not have citizenship ties with the State of the Republic of Turkey. Deportation is the deportation decision of a foreigner and the removal of that person from the country. In case of situations listed in the Law No. 6458 on Foreigners and International Protection ("Law"), the person in question is prohibited from entering Turkey for a certain period of time by being removed from the foreign country in Turkey.
Reasons For Deportation of Foreigners
Foreigners have the right to stay in Turkey within the legal period granted to them after entering Turkey. However, if this period is exceeded or if the person acts illegally during the stay, foreigners are deported as per the relevant Law. The reasons for the deportation of foreigners are clearly listed in Article 54 of the Law. According to this article; A removal decision shall be issued in respect of those foreigners listed below who/whose:
- Are deemed to be removed pursuant to Article 59 of the Turkish Penal Code № 5237;
- Are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal organisation;
- Submit untrue information and false documents during the entry, visa and residence permit actions; 56 Law on Foreigners and International Protection
- Made their living from illegitimate means during their stay in Turkey;
- Pose a public order or public security or public health threat;
- Has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled;
- Residence permits are cancelled;
- Overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason;
- Are determined to be working without a work permit;
- Breach the terms and conditions for legal entry into or exit from Turkey;
- Are determined to have entered into Turkey despite an entry ban to Turkey;
- 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claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision.
- Fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused.
In case of existence of one or more of the situations listed above, the foreigner is evaluated and the deportation process is applied. However, with this process, the person's evaluation is made and how soon he/she can enter Turkey again is determined. The period of time for the foreigner to re-enter Turkey varies according to the existence of the above-mentioned situations. This period is usually 5 years at the most, but in some cases it can be extended even more. Provincial Immigration Administrations or governorships take this decision about the foreigner to be deported.
Ways to Be Taken Against the Deportation Decision
The foreigner, for whom a deportation decision has been made, cannot enter the country before the expiry of the time allowed. However, there are some remedies that can be applied against this decision. The first of these is that the foreigner has obtained an annotated visa, and the second is that he goes to the court against this decision and applies to the administrative courts. Although there is a decision to deport the foreign national, the person can enter Turkey by obtaining an annotated visa. Foreign; By obtaining an annotated visa for work purposes, education or research purposes, marriage or treatment reasons, they can enter Turkey before the entry ban expires. However, due to the fact that foreigners often try to use this way in order to enter the country, a very comprehensive research is carried out by the relevant people about the foreigner. Therefore, the foreigner who will apply for this route must prove the purpose of entry together with the documents. However, if a decision to deport the foreigner is made due to membership in a terrorist organization or activities against the state, the person cannot apply for an annotated visa. However, if the person applies to the administrative court and the decision is revoked, it is possible to re-enter Turkey.
Another way the foreigner can apply against the deportation decision is to apply to the administrative courts. The deportation decision is notified to the foreigner, or his/her legal representative or lawyer, together with the reasons for the decision. The foreigner has the right to appeal against this decision by applying to the administrative court within 7 days. This application can be made by the foreigner, his/her legal representative or his/her lawyer. The person applying to the court must also notify the authority that made the deportation decision about his/her application. Without prejudice to the consent of the foreigner, it is clearly stated in the 3rd paragraph of Article 53 of the Law that the foreigner cannot be deported within the period of filing a lawsuit or, in case of resorting to a judicial remedy, until the conclusion of the trial. The court decides on the application within 15 days at the latest. This decision by the court is final.
If the foreigner, for whom a deportation decision has been made, is caught by the law enforcement, the situation is notified to the governorship for a decision to be made about the person. According to the decision of the Governor's Office, it becomes certain whether the person will be deported. The foreigner whose deportation decision has been finalized;
- If there is a risk of getting lost or escaping,
- If he/she violates the rules of entry or exit to Turkey,
- Uses fake or false documents,
- Does not exit Turkey within the time allowed without an acceptable excuse,
- If he/she poses a threat to public order, public security or public health, administrative detention decision is taken by the governorship.
As a result of the administrative detention decision for the foreigner, the person is taken to the Removal Center (RC). Although the administrative detention period in the Removal Center does not exceed 6 months, in some cases this period is extended to a maximum of 6 months. Administrative detention decision about the foreigner, the decision to extend this period and the results of the evaluation made about the foreigner every month; is communicated to the foreigner or his/her legal representative or lawyer. Although the way to appeal against the administrative detention decision is open, the person concerned can appeal against the decision by applying to the criminal court. However, the application does not stop the administrative detention. The criminal courts' judge concludes the application within 5 days. The decision of the court is final. However, the foreigner or his/her legal representative or lawyer who is taken into administrative detention can apply to the criminal court again, claiming that the conditions of administrative detention have changed or disappeared.
Foreign national for whom deportation decision has been made; does not carry the risk of escaping and disappearing, does not violate the rules of legal entry or exit to Turkey, does not use fake documents, does not try to obtain a residence permit with false documents, does not pose a threat to public order or public health, with at least 15 days for him to leave Turkey. Up to 30 days are allowed. The foreigner, who is given time to exit, is expected to leave Turkey by issuing an "Exit Permit".
Those Who Cannot Be Deported About
In Article 55 of the Law, it is stated that a deportation decision cannot be taken about whom. According to this;
Removal decision shall not be issued in respect of those foreigners listed below regardless of whether they are within the scope of Article 54:
- When there are serious indications to believe that they shall be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they shall be returned to;
- Who would face risk due to serious health condition, age or, pregnancy in case of travel;
- Who would not be able to receive treatment in the country to which they shall be returned while undergoing treatment for a life threatening health condition;
- Victims of human trafficking, supported by the victim's assistance programme;
- Victims of serious psychological, physical or sexual violence, until their treatment is completed.
Evaluations made in this context are individual and are made separately for everyone. However, if the foreigner, for whom a deportation decision has been made, complies with one of the above conditions, this person may be asked to reside at a certain address for precautionary purposes, and to give notice in the form and time required.
Visa Violation and Penalty
If a foreign national commits one of the violations listed above and clearly stated in the Law, the person is also punished for violation. Working without a work permit and continuing to stay in Turkey despite completing the residence permit period are among the most common violations. The foreigner whose residence permit has expired should apply to extend or renew this period. If the person has continued to stay in Turkey without making this application, he/she is penalized for the time he/she stays as a fugitive while leaving the country. If the foreigner leaves Turkey by not paying the penalty, a 5-year deportation decision is made.
If foreign person;
- Pays this fine written to him/her,
- Makes a commitment to apply for a residence permit within 10 days after leaving Turkey,
- Leaves Turkey and re-enters Turkey after paying the fine,
- Applies for a "Residence Permit" within 10 days after entering Turkey, he/she will not be deported.
However, if the person does not apply for a residence permit within this 10-day period, he/she will have remained in Turkey as a fugitive and will be deported from Turkey as a result of his/her arrest.
The violating foreigner can go to the visa infringement office at the airports and learn the fine and pay there. If the foreigner pays the fine while leaving Turkey and undertakes to apply for a residence permit within 10 days, he/she can enter Turkey either one day after his/her departure or later.
As stated above, foreign nationals have the right to stay in Turkey within the legal period granted to them. However, if this legal period granted to them is exceeded or if people abuse this right, they can be deported from Turkey. How long the foreigner will be deported varies according to the concrete case. In some cases, if the relevant conditions are met, the person is given the right to re-enter Turkey before the expiry of the period, while in some cases, the person can be completely barred from entering Turkey.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.