Deportation Order in Türkiye
Deportation Decision in Türkiye
One of the most severe administrative actions taken against foreigners in Turkey is a deportation order . This decision means the expulsion of the foreigner from Turkey and often prohibits their re-entry into the country for a specific period.
Deportation procedures Law No. 6458 on Foreigners and International Protection . The relevant provisions of the law determine the circumstances under which a deportation order can be issued and the legal remedies available to foreigners against this decision.
In practice, deportation decisions are most often the Directorate of Migration Management and notified to the foreigner.
What is a Deportation Order?
A deportation order is the administrative process by which a foreigner residing in Türkiye is removed from the country.
If this decision is made, the foreigner:
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They may have to leave Türkiye within a certain period of time
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can be placed under administrative detention
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can be placed in a deportation center
In addition, deported foreigners are often from entering Turkey .
Under what circumstances is a deportation order issued in Türkiye?
According to Law No. 6458, deportation orders may be issued against foreigners in certain circumstances. These circumstances are generally related to violations of public order, public security, and immigration regulations
The most common reasons for deportation are explained below.
Exceeding the Visa Duration
Foreign nationals must comply with the terms of their visa or residence permit in order to stay in Türkiye.
Deportation orders may be issued in the following situations:
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visa validity period exceeding
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residence permit expiration
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illegal stay
Long-term visa violations can lead to deportation.
Illegal Work
It is illegal for foreigners to work in Türkiye without a work permit.
The following actions can be taken regarding foreigners working without a work permit:
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administrative fine
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deportation decision
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entry ban
Therefore, working illegally poses a serious legal risk for foreigners.
Public Order and Security
Foreigners deemed to pose a threat to public order or public security may be deported.
For example:
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committing a crime
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organized crime activities
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posing a security threat
These circumstances are among the most serious grounds for deportation.
Using Forged Documents
Using forged documents in applications can also be grounds for deportation.
For example:
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fake rental agreement
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fake work permit
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fake student certificate
Such situations are considered to be in violation of immigration laws.
Entering Türkiye Despite Entry Ban
Foreign nationals who have been previously deported and enter Türkiye while their entry ban is still in effect will also be grounds for deportation.
In this case, the foreigner may be deported again.
How is a deportation order served?
Deportation orders are usually communicated to the foreigner in writing.
The notification includes the following information:
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Reasons for the deportation decision
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period of time to leave the country
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legal avenues of appeal
Notification of this decision is important for the foreigner to be able to exercise their legal rights.
Legal Appeal Routes Against Deportation Orders
Deportation orders are not final. Foreigners have the right to appeal these orders through legal channels.
Annulment Case in Administrative Court
An appeal against the deportation decision can be filed in the administrative court
This lawsuit typically includes the following claims:
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cancellation of deportation decision
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suspension of execution
If the court orders a stay of execution, the deportation of the foreigner may be temporarily halted.
Suspension of Execution
The most important legal tool in deportation cases is the request for a stay of execution.
If the court accepts this request:
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Deportation proceedings are suspended
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The foreigner can stay in Türkiye during the trial
This decision is an important mechanism that protects the legal rights of foreigners.
Persons Who Cannot Be Subjected to Deportation Orders
According to the law, some individuals cannot be deported.
For example:
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Individuals to be sent to countries where there is a risk of the death penalty
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persons at risk of torture or ill-treatment
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people with serious health problems
These situations of the prohibition of return .
Repatriation Centers
Foreign nationals who have been ordered deported are sometimes in repatriation centers .
These centers are places where foreigners are held until their deportation procedures are completed.
However, legal appeals can also be made against administrative detention decisions.
Long-Term Effects of Deportation Decisions
The deportation decision is not just a short-term action; it can have long-term consequences.
For example:
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Entry ban to Türkiye
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visa application rejection
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rejection of future residence applications
Therefore, deportation orders have serious legal consequences for foreigners.
The Most Frequent Situations in Which Deportation Orders Are Issued
In practice, the most common situations in which deportation orders are issued are as follows:
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visa violation
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illegal work
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fake document
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committing a crime
These situations are being closely monitored by the immigration authorities.
Conclusion
In Türkiye, deportation orders against foreigners have serious legal consequences. A deportation order means the expulsion of the foreigner from Türkiye and, in many cases, a ban on their re-entry into the country.
However, these decisions are not final. Foreigners have the right to file an appeal in administrative court against deportation decisions and to request a stay of execution.
Therefore, carefully managing the legal process is crucial if you face a deportation order.