A repatriation lawyer is a legal expert who acts to protect the legal rights of foreign nationals who are subject to a deportation order or who are at risk of such a decision, to provide them with legal advice and to represent them in relevant judicial or administrative processes.
Deportation refers to the fact that a person is in a country illegally or for various other reasons (e.g. committing a crime, creating a security threat) is the process of removal from that country. A repatriation lawyer helps people who are in this kind of situation to exercise their legal rights against deportation in the first place.
The role of a repatriation lawyer is highly critical, especially given the risks that may occur if a person is deported (for example, the risk of being subjected to torture or persecution). A Repatriation Lawyer helps to ensure that a person’s fundamental rights are protected and that a fair trial process is implemented.
Which Foreign Nationals Are Being Held in the Repatriation Centers?
Repatriation Centers are facilities used within the scope of combating illegal migration in Turkey and where foreign nationals are temporarily housed. Which foreign nationals will be held in these centers is determined by Turkish laws. Foreign nationals who usually have conditions such as the following can be held in these centers:
- Persons who have Been Decided to be Deported
Illegal immigrants or foreign nationals staying in Turkey without permission can be placed in these centers when a deportation decision is made.
- Administrative Detention Status
In some cases, foreigners may need to be held under administrative detention in these centers until the deportation proceedings are completed or for their identities to be determined.
- Applicants for International Protection
It is possible that some people who have applied for international protection in Turkey will be held in these centers until the result of their applications is determined or for a certain period of time. However, this situation should be carried out in accordance with international law.
- Foreign Nationals Who Commit Crimes
Foreign nationals who are found to have committed crimes in Turkey and a decision to deport may also be held in these centers.
The rights of foreign nationals placed in Repatriation Centers are protected by the relevant legislation. Persons held in these centers are informed about the status of their applications, deportation processes, and legal assistance can be provided if necessary.
How Does the Process Work for Foreign Nationals who have been given an Administrative Supervision Decision and are Being Held in a Repatriation Center?
The process for foreign nationals who have been granted an administrative supervision decision and are being held in the Repatriation Center operates within the framework of the relevant legislation of Turkey. Administrative supervision is a practice in which an individual’s freedom is restricted for a certain period of time in order to complete deportation proceedings.
The administrative oversight process is as follows:
- Administrative Supervision Decision
If the competent authorities decide that a foreign national should be deported, they may make an administrative supervision decision about this person. This decision is made by evaluating whether the foreigner has a situation that will prevent or delay his exit from Turkey.
- Placement in the Repatriation Center
The foreign national for whom the administrative supervision decision has been taken is placed in the Repatriation Center for the completion of this process.
- Information
The foreign national should be informed about his/her rights and the deportation process. He is also informed that he has the right to appeal the decision.
- Right of Objection
A foreign national has the right to appeal against the administrative supervision decision and the deportation decision. The objection can be made to the competent administrative and judicial authorities.
- Time Restriction
The period of administrative supervision should be limited to the minimum period mandatory for the deportation of a foreign national. The duration of administrative supervision may not exceed the maximum period specified in the relevant legislation.
- Deportation Process
When the administrative supervision process is completed and the appeals are rejected, the foreign national is deported.
During the execution of all these processes, the fundamental rights and freedoms of the foreign national should be respected, humane conditions should be provided and the rules of international law should be observed. In particular, care should be taken regarding refugee rights and international protection applications.
What Kind of Services Are Provided to Foreign Nationals Held in repatriation centers?
Repatriation centers are facilities where foreign nationals are temporarily housed during deportation proceedings as part of the fight against illegal immigration. Various services are provided to foreign nationals held in repatriation centers in Turkey that protect their fundamental rights and ensure their standard of living. These services are:
- Sheltering
Foreign nationals are provided with accommodation in accordance with basic living standards.
- Nutrition
Daily meal service is provided to foreign nationals staying at the center.
- Health Services
Health services are provided to foreign nationals in case of emergency and basic health needs. In addition, necessary medical measures are taken to control infectious diseases.
- Legal Advice
It can be ensured that foreign nationals are informed about their legal rights and have access to the necessary legal consulting services.
- Language Support Services
Translation services can be provided to meet the communication needs of foreign nationals.
- Education
Basic educational services can be provided for children who stay in the centers for a long time.
- Religion and Worship
Areas suitable for the worship needs of foreign nationals with different religions and beliefs can be created.
- Security
Security measures are taken at the repatriation centers and necessary measures are provided for their personal safety.
- Information
They are informed about the rights of foreign nationals, the deportation process, the status of their applications and other issues.
These services are provided in order to protect the fundamental rights and freedoms of foreign nationals, to ensure humane living conditions and to guarantee the orderly conduct of the deportation process. However, the applications of the repatriation centers and the services offered may vary depending on the region, capacity and other factors of the center.
The Deportation Decision and the Travel Expenses of the Foreign Person
Within the framework of a country’s migration policies, for certain reasons (illegal immigration, criminal situations, security threats, etc.) a deportation (deportation) decision may be made to a foreign person. After the implementation of the deportation decision, this person must be sent to his/her own country or to a accepting third country. There are the following approaches regarding the travel expenses incurred during this process:
- Paying Paying One’s Own Expenses: If a person is financially able to cover the travel expenses, this person may be asked to pay the expenses himself.
- The State Covers the Expenses: In some cases, especially in cases where the foreigner does not have financial means, the state may cover the travel expenses.
Especially in Turkey, if a foreigner has financial means, he is expected to cover the deportation costs himself. However, if the foreigner does not have financial means, these expenses can be covered by the state.
What are the Duties of a Repatriation Lawyer?
A repatriation lawyer is a legal expert who represents foreign nationals for whom a deportation decision has been taken or is likely to be taken. Such a lawyer acts in order to protect the rights of his clients, provide them with legal advice and represent them in relevant judicial or administrative processes.
The main tasks of the repatriation lawyer are as follows:
- Information
To inform the client about the deportation process, rights, appeal processes and other related issues.
- Legal Advice
To provide advice on how the client can legally take a path against the deportation decision or procedure.
- Preparation of Objections
To prepare their objections against the deportation decision and to submit them to the relevant authorities.
- Representation
To represent the client in administrative or judicial processes. This includes defending the client’s rights at hearings, interviews or other proceedings before the relevant authority.
- Compliance with Human Rights
To check whether the deportation process complies with international human rights norms and to take action on this issue when necessary.
- Alternative Solutions
To provide alternative legal solutions to the deportation decision, for example, extension of a certain visa, transition to another status, etc.
- Documentation and Evidence Collection
To collect documents, information and other evidence necessary to support the client’s situation.
The duties of a repatriation lawyer may vary depending on immigration and deportation policies and international obligations. But basically, it aims to protect the rights of its client and achieve the best legal result on his behalf. You can choose our expert lawyers by contacting us to represent you during this process.