DEPORTATION DECISION
WHAT IS THE DEPORTATION ORDER?
Deportation is the deportation of foreigners whose behavior is considered dangerous in terms of the general security and public order of the country where they are located and who exhibit behaviors contrary to the legislation determining the pattern of migration movements. In accordance with the principle of sovereignty of states in international law, it is recognized that states have the authority to decide whether a foreigner can enter, stay in the country and be removed from the country.
In international law, deportation is used as a general concept that refers to the removal of foreigners from the country6, whether the foreigner entered the country legally, whether he is in the country legally, the duration of his stay in the country, his legal status, i.e. refugee, asylum seeker, etc. regardless of whether it is, it means removal from the country. A deportation decision is a legal decision that forms the basis of the deportation process.
52 Of the Law on Foreigners and International Protection. the deportation procedure is regulated in the article. In this article“ “Foreigners may be deported to the country of origin or transit country or to a third country by a deportation decision.” it is said.
The deportation of a foreigner from the borders of a country may be carried out by court decision or administrative procedure in various countries.
WHICH IS THE COMPETENT AUTHORITY TO TAKE THE DEPORTATION DECISION?
53 Of the Law on Foreigners and International Protection. article 1. according to the provision “The deportation decision is taken by the governorates on the instructions of the General Directorate or ex officio” in the paragraph, the governorates are authorized to take the deportation decision. The governorates take the deportation decision ex officio or upon the instruction/request of the Directorate of Migration Management. First of all, YUKK’s 54. the existence of the reasons listed for the deportation decision in the article and whether there are obstacles arising from Turkey or the destination country that make it illegal to deport a foreigner from the country will be evaluated.
In order for any examination to be made about the destination country, it is necessary to determine the country or countries to which the foreigner can be sent. The sending of a foreigner to the border of another country is not limited to the sphere of influence of national institutions and organizations and persons in the decision-making country, but constitutes a process consisting of a complex network of relations involving actors in the target country and international institutions and organizations. In this context, beyond the fact that the administrative authority authorized to take the decision claims to protect public order, many institutions, individuals and communities are now involved in the process, and the impact of all these actors on the process is also being examined by the competent authority.
As a result, it can be said that the deportation decision is an administrative procedure that requires expertise, and a public institution specialized in this field is needed. It has been arranged that the governorates designated as the competent authority to take the deportation decision will take the decision ex officio or on the instructions of the Directorate of Migration Management.
Deportation order
54 of the LFIP. it is applied to those who violate the reasons specified in the article. According to the clear wording of the law, this decision can only be taken by the governorates. The evaluation and decision-making phase of the deportation decision takes a maximum of 48 hours.
Those who will be subject to deportation decisions
In case one or more of the cases listed in Article 54 of the law are found, it is mandatory to take a deportation decision by the governorship, without prejudice to the provisions of Article 55 of the Supreme Court. YUKK’s
a decision of deportation shall be taken against the persons listed in the first paragraph of Article 54.
1)
a) Those who need to be deported within the scope of Article 59 of Law No. 5237 (m.54/1-a),
b) Those who are managers, members or supporters of a terrorist organization or a criminal organization for purposes of interest (m.54/1-b),
c) Those who use false information and forged documents in the entry, visa and residence permit procedures to Turkey (m.54/1-c),
ç) Those who provide their livelihood by illegal means during their stay in Turkey (m.54/1-o),
d) Those who pose a threat to public order or public safety or public health (m.54/1-d),
e) Those who have exceeded the visa or visa exemption period by more than ten days or whose visa has been cancelled (m.54/1-e), f) Those whose residence permits have been revoked (m.54/1-f), g) Those who have a residence permit and enter without permission for more than ten days after its expiration
(m.54/1-e),
the reason (m. 54/1-g),
d) Those who are understood to be working without a work permit (m. 54/1-d),
h) Those who violate the provisions of legal entry into Turkey or legal exit from Turkey (m. 54/1-h),
i) Those who are understood to have entered Turkey despite the fact that there is a ban on entry to Turkey (m. 54/1-i),
k) Those whose application for international protection was rejected, those who were excluded from international protection, those whose application for international protection was deemed inadmissible, those who withdrew their application for international protection, those whose application for international protection was deemed withdrawn, those whose international protection status was terminated or canceled, and those who did not have the right to stay in Turkey according to other provisions of Law No. 6458 after the last decision was made against them (m. 54/1-i),
j) Those whose applications for residence permit extension have been rejected and who have not left Turkey within ten days (m. 54/1-j).
k) (Oct.: 3/10/2016-Decree Law-676/36 art.; Changed: 1/2/2018-7070/31 md.) Those who are assessed to have contacts with terrorist organizations defined by international institutions and organizations
2) (Changed: 3/10/2016-Decree Law-676/36 art.; Changed: 1/2/2018-7070/31 md.) A deportation decision may be taken at any stage of international protection proceedings against the international protection applicant or persons with international protection status who are assessed to be within the scope of subparagraphs (b), (d) and (k) of the first paragraph of this article.
Those who will not be given a deportation decision
Even if they fall within the scope of Article 54, a deportation decision cannot be taken against the foreigners mentioned below:
a) Those who have serious symptoms that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country where they will be deported (md. 55/1-a),
b) Those whose travel is considered inconvenient due to serious health problems, age and pregnancy (md. 55/1-b),
c) Those who are in the process of treating life-threatening diseases and who cannot be treated in the country where they will be deported (md. 55/1-c),
d) Victims of human trafficking who benefit from the victim support process (md. 55/1-o),
e) Victims of psychological, physical or sexual violence until their treatment is completed (md. 55/1-d).
whether they fall within the scope of Article 55 is evaluated separately for each foreigner. 46 of the LFIP for these foreigners to stay in the country. in accordance with the article, a humanitarian residence permit may be granted, and they may also be asked to reside at a specific address and to provide notification in the necessary manner and time.
If these conditions expire, a deportation decision will be taken against these foreigners.
Judicial Remedies Against the Deportation Decision
The deportation decision, together with the reasons, shall be notified to the foreigner against whom the deportation decision has been taken or to his legal representative or lawyer. If he is not represented by a foreign lawyer, he or his legal representative will be informed about the result of the decision, the appeal procedures and deadlines.
Application to the administrative court and its characteristics:
A foreigner or his legal representative or lawyer may appeal against the deportation decision to the administrative court within seven days from the date of notification of the decision to him.
The person applying to the court shall also inform the authority making the deportation decision of his/her application.
Applications to the court are finalized within fifteen days.
The decision of the court is final.
Without prejudice to the foreigner’s consent, the foreigner shall not be deported within the period of filing a lawsuit or, if a judicial remedy is applied, until the trial is concluded.
Invitation to Leave Turkey
Those against whom a deportation decision has been made are given a period of at least fifteen days and a maximum of thirty days to leave Turkey, provided that they are specified in the deportation decision. Turkey
people who are given time to leave are given an “Exit Permit Document” that is not subject to any fee.
Of those who are invited to leave Turkey, there is no entry ban for those who leave the country during the period.
Foreigners who do not leave Turkey within the period are placed under administrative supervision.
The following persons are not invited to leave Turkey and the above-mentioned period does not apply to them:
a) Those who are in danger of running away and disappearing,
b) Those who violate the legal entry or legal exit rules,
c) Those who use fake documents,
d) Those who are trying to obtain a residence permit with false documents or those who have been found to have obtained it,
e) Those who pose a threat to public order, public security or public health.
Administrative Detention for Deportation Purposes and Its Duration
Administrative Detention Decision
An administrative supervision decision is made by the governor’s office about the persons who have been given a deportation decision.
Those who are at risk of running away and getting lost,
Those who violate the rules of entry or exit to Turkey,
Users of fake or misleading documents,
Those who do not leave Turkey within the given period without an acceptable excuse,
Who Those pose a threat to public order, public safety or public health.
Those who have been given administrative supervision decisions are kept in Repatriation Centers (GGM).
The period of administrative supervision at the GIGM cannot exceed six months. However, this period may be extended for a maximum of six months if the deportation procedures cannot be completed due to the foreigner’s non-cooperation or failure to provide accurate information or documents about his/her country.
The governor’s office regularly evaluates every month whether there is a need for the continuation of the administrative supervision decision. If deemed necessary, a period of thirty days is not expected.
Those deemed unnecessary by the administrative supervision decision are immediately notified to the Ministry. If the Ministry deems it appropriate, the administrative supervision decision applied to the foreigner will be lifted. Alternative obligations to administrative supervision are imposed on these foreigners in accordance with Article 57 / A of the Law.
The foreigners listed in the second paragraph of Article 57 of YKK No. 6458 or foreigners whose administrative supervision has ended may be burdened with the following alternative obligations to administrative supervision
A) Residence at a specific address
B) Notification
C) Family-based repatriation
Ç) Return consultancy
D) Voluntary participation in public benefit services
E) Collateral
F) Electronic monitoring
If the foreigner is subjected to one or more of the alternatives other than administrative supervision, this period cannot exceed 24 months.
An administrative supervision decision may be made against foreigners who do not comply with alternative measures other than administrative supervision.
A foreigner or his legal representative or lawyer who is subject to electronic monitoring may apply to a Criminal Judge of Peace against this decision. The application does not stop the administrative obligation to which the foreigner is subjected. Criminal Magistrate shall conclude the examination within five days. The decision of the Criminal Magistrate is final.
Voluntary Return
In-kind or cash support may be provided to persons deemed eligible by the General Directorate from irregular migrants against whom a deportation decision has been taken and who voluntarily wish to return to their country.
Studies on the voluntary return of irregular migrants can be carried out in cooperation with international organizations, public institutions and organizations and non-governmental organizations.
Judicial Action against the Administrative Detention Decision
The administrative supervision decision, the extension of the administrative supervision period and the results of regular monthly evaluations are notified to the foreigner or his legal representative or lawyer together with their justifications. At the same time, if the detained person is not represented by a lawyer, he or his legal representative will be informed about the result of the decision, the procedures for appeal and their duration.
Application to the criminal judge of peace:
The person placed under administrative supervision or his legal representative or lawyer may apply to the criminal judge of peace against the administrative supervision decision.
The application does not stop the administrative supervision.
If the petition is submitted to the administration, it is immediately submitted to the competent criminal magistrate.
The criminal magistrate shall conclude the examination within five days.
Decision of the criminal judge of peace is final.
The person or his legal representative or lawyer who has been placed under administrative supervision may apply to the criminal judge of peace again, claiming that the conditions of administrative supervision have disappeared or changed.
Attorney services are provided to those who do not have the opportunity to cover the attorney fees from those who have applied to the judicial route against the administrative supervision procedure, in case of their requests, in accordance with the provisions of the Attorney Law dated 19/3/1969 and numbered 1136.
Execution of the Deportation Order
Foreigners in the repatriation centers are taken to the border crossings by law enforcement agencies. To the repatriation centers
foreigners who are to be deported without the need to be transferred are taken to the border gates by law enforcement agencies in coordination with the provincial organization of the General Directorate. General
The directorate may also cooperate with international organizations, relevant country authorities and non-governmental organizations on deportation procedures.
Travel Expenses of the Foreigner to be Deported
Foreigners’ passports or other documents can be kept until they are deported, and their tickets can be converted into money for use in deportation proceedings.
It is essential that the travel expenses of foreigners to be deported are covered by them. If the money in the hands of the foreigner is enough to cover the travel expenses, all the travel expenses are covered by the foreigner, the remaining amount is left to the foreigner. If the foreigner does not have money, the travel expenses are covered by the General Directorate. However, if the foreigner has money and his current money is not enough to cover all the travel expenses;
1)
Travel expenses are covered by the General Directorate, and the money that a foreigner can use in an amount sufficient to meet the basic needs of foreigners to be deported is left to him in an amount determined by the General Directorate at the beginning of each financial year, the remaining amount is recorded as income to the Treasury in exchange for travel expenses.
2)
If the amount of money in the foreigner’s possession is less than enough to meet his basic needs, all travel expenses are covered by the General Directorate and the money in his possession is left to the foreigner.
Deportation If the travel expenses are not covered, the foreigner is not allowed to enter Turkey. If no other ban has been placed on the foreigner, the restriction will be lifted provided that he pays the expenses and is allowed to enter our country within the framework of the general provisions of the visa.
The expenses incurred due to deportation are a public receivable in accordance with the first article of the Law No. 6183 and are collected by the finance departments. in accordance with Article 104 of the Law No. 6183 on the Collection Procedure of Public Receivables, the statute of limitations does not apply for this receivable due to the fact that the debtor is in a foreign country. For this reason, there is no obstacle to placing indefinite restrictions on foreigners.
Natural or legal persons are obliged to pay the deportation costs of foreigners whose stay or return they guarantee. The provisions of the fifth paragraph and article 9 of Article 23 of the International Labour Code No. 6735 shall apply to the obligations of employers or employer’s representatives who employ foreigners without a work permit regarding the foreigner’s deportation proceedings. Within the framework of this provision, an employer or employer’s representative who employs a foreigner without a work permit is given an administrative fine of 6 thousand Turkish Liras for each foreigner.
The employer or the employer’s representative is obliged to cover the accommodation costs of the foreigner who does not have a work permit and his/her spouse and children, if any, the necessary expenses for their return to their country, as well as medical expenses if necessary. If these expenses, expenses and expenses are covered from the budget of the General Directorate of Migration Management, the amounts paid in accordance with this article shall be collected from the employer or employer’s representative in accordance with the provisions of the Law on the Collection Procedure of Public Receivables dated 21/7/1953 and numbered 6183. The procedures and principles regarding the implementation of this paragraph are determined jointly by the Ministry of Interior and the Ministry.
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