One of the most serious administrative actions affecting the right of foreign nationals to stay in Turkey is the deportation decision. This decision, issued by the Migration Administration, may prevent a person from entering and staying in Turkey for many years [1]. Therefore, individuals facing deportation proceedings must obtain support from an experienced deportation lawyer in order to protect their rights.
Attorney Esra Aslan provides effective and result-oriented legal services to her clients in Istanbul in deportation cases, including both administrative applications and annulment lawsuits.
What Is Deportation? To Whom Is It Applied?
Deportation is a decision to remove a foreign national from the country, issued by the Presidency of Migration Management within the framework of Articles 52–54 of Law No. 6458 on Foreigners and International Protection [1]. This decision may be issued if the stay of a foreign national in Turkey is considered objectionable in terms of public order, public health, or public security, or if the person acts contrary to the law.
A deportation decision may be applied in the following situations:
- Overstaying the visa period and remaining illegally
- Continuing to stay in the country after the residence permit has been revoked
- Working without a work permit
- Foreign nationals released from prison being considered objectionable in terms of public security
- Being associated with terrorism-related offenses
- Fake marriage or carrying out transactions with forged documents
In such procedures, details such as how soon the decision will be implemented, which country the person will be sent to, and the duration of the re-entry ban to Turkey are of great importance. At this stage, obtaining legal advice may help ensure the removal of the deportation decision.
What Are the Legal Remedies Against a Deportation Decision?
A deportation decision is an administrative act and may be annulled if it is unlawful. There are two main legal remedies for removing this decision [1][2]:
| Legal Remedy | Application Authority | Time Limit | Possible Result |
|---|---|---|---|
| Administrative objection application | Directorate of Migration Management | 7 days from the decision | Administrative withdrawal of the decision |
| Annulment lawsuit before the administrative court | Administrative Court | 15 days from notification | Stay of execution, annulment of the decision |
| International protection application | Directorate of Migration Management | As soon as possible | Suspension of the deportation process |
| Individual application to the Constitutional Court | Constitutional Court | 30 days after domestic remedies are exhausted | Determination of a fundamental rights violation and compensation |
“An application may be made to the administrative court against a deportation decision within fifteen days from the notification of the decision. If an application is made to the court, the person cannot be deported.”
— Law No. 6458, Article 53/3 [1]
These stages must be carried out completely and professionally. Otherwise, the person may be sent to their country and may receive a ban on entering Turkey for many years.
Required Documents and Application Processes in Deportation Proceedings
The first step in the deportation process is the complete preparation of the documents to be used in the application to the Migration Administration or the relevant administrative court [1]. The main documents requested in this context are as follows:
- Copy of identity document and passport
- Valid residence permit or visa documents
- Original deportation decision or notification letter
- Work permit documents and education certificate, if any
- Criminal record
- Sworn translator-certified translations for documents that are not in Turkish
The application process usually consists of two stages: first, submitting a petition to the Migration Administration within the 7-day administrative objection period, and then filing a lawsuit before the administrative court within 15 days. Since submitting incomplete or incorrect documents may prolong the objection and litigation processes and lead to negative outcomes, it is important to act in accordance with the lawyer’s guidance during file preparation.
Can Deportation Decisions Be Withdrawn?
Yes. A deportation decision may be annulled or postponed, especially in the following situations [1][3]:
- Violation of family unity if persons who have a spouse and children in Turkey are deported
- The deportation of persons with serious illnesses or ongoing treatment to their countries constituting a human rights violation
- Deportation of students who are continuing their education
- The decision being issued unlawfully, procedurally incorrectly, or without evidence
“A deportation decision is subject to judicial review in the presence of circumstances such as health, education, and family unity that constitute a human rights violation.”
— European Court of Human Rights, Article 8, Right to Respect for Private and Family Life [3]
Attorney Esra Aslan stands by her clients in such sensitive files with detailed defense petitions and supporting documents.
Advantages of Working with a Deportation Lawyer in Istanbul
Istanbul is one of the cities with the highest migrant population in Turkey. Therefore, deportation procedures are also most frequently carried out in this city [1].
The advantages of managing the deportation process with an experienced lawyer are as follows:
- Prevention of difficult-to-reverse loss of rights
- Removal of the re-entry ban to Turkey
- Effective defense and petitions during the court process
- Correct and timely submission of the required documents
- Follow-up of litigation processes and continuous informing of the client
The threat of deportation does not only mean having to leave a country; it may also mean losing your job, education, family, and established life. Therefore, a fast, effective, and legal struggle against the deportation decision is essential.
Frequently Asked Questions
How many days do I have to object to a deportation decision?
You have 7 days for an administrative objection and 15 days to file a lawsuit before the administrative court. Both periods start from the date of notification. If these deadlines are missed, loss of rights may occur [1].
Does a deportation decision cancel my residence permit?
A deportation decision and the cancellation of a residence permit are separate administrative actions. However, they are often applied together. Each may be challenged separately [1].
Can I be deported if I have family in Turkey?
The presence of a spouse and children in Turkey is taken into account as the right to family unity under Article 8 of the European Convention on Human Rights. This situation may constitute a strong ground for the court to annul the decision [3].
Can I enter Turkey again after being deported?
A deportation decision is usually accompanied by an entry ban. A separate legal application must be made regarding the duration and removal of this ban [1].
What does it mean if the court grants a stay of execution?
A stay of execution means that the deportation procedure cannot be implemented until the lawsuit is concluded. The person may continue to stay in Turkey during this period [2].
References
- Law No. 6458 on Foreigners and International Protection. (2013). Official Gazette, No: 28615. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6458.pdf
- Administrative Procedure Law No. 2577. (1982). Official Gazette, No: 17580. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.2577.pdf
- European Court of Human Rights. (2023). Article 8 — Right to Respect for Private and Family Life. Council of Europe. https://www.echr.coe.int
- Presidency of Migration Management. (2024). Deportation Procedures. Ministry of Interior of the Republic of Turkey. https://www.goc.gov.tr