DEPORTATION DECISION
WHAT IS THE DEPORTATION ORDER?
Deportation is the deportation of foreigners whose behavior is considered dangerous from the point of view of the general security and public order of the country where they are located and who exhibit behavior contrary to the legislation determining the order of migration movements. In accordance with the principle of sovereignty of states in international law, it is recognized that states are authorized to decide whether a foreigner can enter, stay in the country and be removed from the country. International
in law, deportation / deportation is used as a general concept that refers to the removal of foreigners from the country6 and depends on whether the foreigner has entered the country legally, whether he is in the country legally, the duration of his stay in the country, refugee, asylum seeker, etc. it means removal from the country regardless of legal status. A deportation decision is a legal decision that forms the basis of the deportation process.
52 Of the Law on Foreigners and International Protection. in its article, deportation is regulated as follows: “Foreigners may be deported to the country of origin or transit country or to a third country by a deportation decision.”
The deportation of a foreigner from the borders of a country may be carried out on the basis of a judicial decision or administrative action issued by a court in various countries. DEPORTATION
WHICH AUTHORITY IS THE COMPETENT AUTHORITY TO MAKE THE 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 reasons related to the deportation decision regulated 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 constitutes a process consisting of a complex network of relations that is not limited only to the sphere of influence of national institutions and organizations and persons in the decision-making country, but also includes target country actors 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 Decision
54 of the LFIP. it is applied to those who violate the reasons regulated 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, the governor’s office is obliged to take a deportation decision, without prejudice to the provisions of Article 55 of the Supreme Court. Article 54 of the Supreme Court
the persons listed in the first paragraph are the following, and a deportation decision is taken against them.
1)
a) Those who need to be deported within the scope of Article 59 of Law No. 5237 (art.54/1-a),
b) Those who are managers, members or supporters of a terrorist organization or criminal organization for purposes of interest (md.54/1-b),
c) Those who use false information and false documents in the entry, visa and residence permit procedures to Turkey (md.54/1-c),
ç) Those who provide their livelihood in illegitimate ways during their stay in Turkey (md.54/1-o),
d) Those who pose a threat to public order or public safety or public health (art.54/1-d),
e) Those who exceed the visa or visa exemption period by more than ten days or whose visa has been cancelled (md.54/1-e),
f) Those whose residence permits have been revoked (md.54/1-f),
g) Those who have a residence permit and violate the residence permit period for more than ten days (art.54/1-e), Those whose reasons are not explained after the expiration of the residence permit (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 come to Turkey despite the 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 evaluated 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 indications 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 who have serious health problems, age and pregnancy problems that are considered inconvenient to travel (md. 55/1-b),
c) Those who cannot be treated in the country where they will be deported while their life-threatening diseases are being treated (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 or not 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 provide notification in the necessary forms and periods. Above
if the specified conditions expire, a deportation decision will be taken against these foreigners.
Judicial application 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:
The foreigner or his/ her legal representative or lawyer may appeal against the deportation decision to the administrative court within seven days from the notification of the decision.
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, in case of application to the court, until the judgment is finalized.
Invitation to Leave Turkey
Those who are ordered to be deported are given a period of at least fifteen days and up to thirty days to leave Turkey, provided that they are specified in the deportation decision.
People who are given a period of time to leave Turkey 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 and Deportation Period
Administrative Supervision
Of those whose decision was made to deport,
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 time allowed for exit without an acceptable excuse,
TWho pose a threat to public order, public safety or public health.
Those who are placed under administrative supervision 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 the correct information or documents about his/her country.
The governor’s office regularly evaluates every month whether there is a need for continued administrative supervision. If deemed necessary, a period of thirty days is not expected.
Those whose administrative supervision is deemed unnecessary are immediately notified to the Ministry. If the Ministry deems it appropriate, the administrative supervision decision applied to the foreigner shall be lifted. Alternative obligations to administrative supervision are applied to these foreigners in accordance with Article 57 / A of the Law.
Foreigners listed in the second paragraph of Article 57 of YKK No. 6458 or foreigners whose administrative supervision has ended may be subject to the following obligations as an alternative 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 alternative measures other than administrative supervision, this period may not exceed 24 months.
Foreigners who do not comply with alternative measures other than administrative supervision may be placed under administrative supervision.
The foreigner subjected to electronic monitoring or his legal representative or lawyer may apply to the Criminal Judge of Peace against this decision. Application does not stop the administrative obligation to which the foreigner is subjected. The 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 Directorate General from irregular migrants who have been subject to a deportation decision and who wish to return to their country voluntarily.
Studies on the voluntary return of irregular migrants can be carried out in cooperation with international organizations, public institutions and organizations, as well as non-governmental organizations.
The Judicial Procedure against the Administrative Detention Decision
The administrative supervision decision, the extension of the administrative supervision period and the results of regular monthly reviews, together with their justifications, are notified to the foreigner or his legal representative or lawyer. At the same time, if the person placed under administrative supervision is not represented by a lawyer, the result of the decision, the appeal procedures and deadlines are notified to him or her legal representative.
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 forwarded 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. Administrative
attorney service is provided to those who do not have the opportunity to meet the attorney fee from those who have applied to the judicial route against the supervision process, 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 at the Border
foreigners in non-border centers are taken to border crossings by law enforcement agencies. To the deportation centers
foreigners who are to be deported without the need to be transferred are taken to the border gates by law enforcement agencies under the coordination of the provincial organization of the General Directorate.
The Directorate General may also cooperate with international organizations, relevant country authorities and non-governmental organizations regarding 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.
If the amount of money in the foreigner’s possession is enough to cover the travel expenses, all the travel expenses are covered by the foreigner and the rest 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 the amount of money available is not enough to cover all the travel expenses,;
1) Travel expenses are covered by the General Directorate and the amount of money in the foreigner’s possession in an amount sufficient to meet the basic needs of the foreigner to be deported is determined by the General Directorate at the beginning of each financial year and 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. Border
expulsion a foreigner is not allowed to enter Turkey unless his/her travel expenses are covered. If no other ban has been placed on the foreigner, the restriction will be lifted on condition that he pays the costs and he will be allowed to enter our country within the framework of the general provisions of the visa. Due to deportation
the expenses incurred 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 of Article 23 and article 9 of the International Labour Law 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, and 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.
You can read our other articles and petition examples by clicking here.