Deportation & Administrative Detention
According to Turkish law, the process of deportation is derived from Law No. 6458 on Foreigners and International Protection. This procedure is regulated within the Fourth Section titled "Deportation" of the Second Part titled "Foreigners" in the aforementioned law, specifically in Articles 52-60.
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In cases like this, both decisions of the Turkish Immigration Authority can be appealed through the legal process. In the initial stage, it is necessary to file an objection against the administrative detention decision to release the foreign individual from the removal center. Additionally, to challenge the deportation order, it is important to promptly initiate legal proceedings without delay. If this situation concerns you and you require professional assistance in the field of immigration law, we at "Legal F" would be pleased to guide you to our trusted local expert lawyers .
Who are the individuals that can be subject to deportation decisions?
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The individuals who are considered to be subject to deportation under Article 59 of Law No. 5237
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Those who are leaders, members, supporters of terrorist organizations, or leaders, members, or supporters of criminal organizations for the purpose of profit.
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Those who use false information and counterfeit documents in the procedures for entry, visa, and residence permits in Turkey.
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Those who sustain their livelihood through illegitimate means during their stay in Turkey.
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Those who pose a threat to public order, public security, or public health.
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Those who exceed the visa or visa exemption period by more than ten days, or those whose visas have been canceled.
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Those whose residence permits have been canceled.
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Those who have a valid residence permit but violate the duration of their residence permit by more than ten days without any acceptable justification.
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Those who are found to be working without a work permit.
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Those who violate the legal entry to Turkey or legal exit from Turkey provisions, or those who attempt to violate these provisions.
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Those who are found to have entered Turkey despite having a ban on entry to the country.
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Those whose international protection applications have been rejected, excluded from international protection, deemed inadmissible, withdrawn their applications, considered as withdrawn, whose international protection statuses have ended or been cancelled, and who do not have the right to stay in Turkey under other provisions of this Law after the final decision given about them.
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Those whose residence permit extension applications have been rejected and who fail to exit Turkey within ten days.
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Those who are assessed to be associated with terrorist organizations as defined by international institutions and organizations.
What Is Administrative Detention?
The administrative detention decision is regulated in Article 57 of the mentioned law and is implemented together with the deportation procedure. As a result of the process, the person who is subject to both the deportation and administrative detention decision is sent to the Removal Center.
In which situations is it applied the most?
The most common form of deportation encountered in practice and the situations where administrative detention decisions are implemented are typically seen in cases involving offenses that require non-custodial prosecution, such as personal possession of drugs for personal use, simple assault, and resistance to law enforcement officers in the performance of their duties.
Although the judicial authorities may have decided for the non-custodial prosecution of the foreigner in such cases, later on, the Immigration Authority (Göç İdaresi) may issue a deportation order based on the grounds that the foreigner poses a threat to public order, public safety, or public health (as mentioned in paragraph no. 5 above). Subsequently, an administrative detention decision is made, and the foreigner is sent to a deportation center for removal.