Foreigners in Turkey may be deported in the cases listed by law. Deportation (colloquially “deport”) is carried out under the provisions of Law No. 6458 on Foreigners and International Protection. The relevant provisions of the old Law No. 5683 on Residence and Travel of Foreigners and Law No. 5682 on Passports were repealed by this law. This article explains the grounds for deportation, the route of appeal and entry bans in general terms.
What Is Deportation?
Deportation is the removal of a foreigner from Turkey by administrative decision. The decision is issued by governorates or the Presidency of Migration Management. Deportation is not the same as an entry ban: an entry ban is a separate measure, which may be imposed together with a deportation decision and prevents entry to Turkey for a certain period.
In Which Cases Can You Be Deported?
Article 54 of the law lists the cases in which a deportation decision can be issued. The main ones include:
- Being a leader, member or supporter of a terrorist organization,
- Posing a threat to public order, public security or public health,
- Links to organizations formed to commit crime, or involvement in crimes such as human trafficking and smuggling,
- Making false statements or using forged documents,
- Overstaying a visa or residence permit, or staying in Turkey without a valid permit,
- Working without a work permit,
- Cancellation of a residence permit or loss of the conditions for it,
- Violating the law on entry or exit, or entering Turkey despite an entry ban.
Each file is assessed on its own facts. The current text of the law should be consulted for the full list and details of each ground.
Objecting to a Deportation Decision
An application can be made to the competent administrative court within 7 days of notification of the deportation decision. An application made in time generally suspends enforcement of the deportation, although enforcement may continue in certain serious cases listed in the law. It is therefore very important to have the notified decision examined by a lawyer as soon as possible.
Who Cannot Be Deported?
The law prohibits sending a foreigner to a country where they risk torture or inhuman or degrading treatment (the principle of non-refoulement). Deportation may also be postponed or not carried out in certain special situations. Turkish citizens cannot be deported.
Entry Ban
An entry ban to Turkey may be imposed together with a deportation decision. Its duration and possible removal depend on the grounds of the decision and the circumstances of the file, and applications are made to the competent authorities.
Deportation and Administrative Fines
If a person leaves Turkey without paying administrative fines for reasons such as visa or residence violations, problems may arise on future entry. It is therefore advisable to check the status of any fines before departure.
Frequently Asked Questions
Who issues a deportation decision?
Under Law No. 6458, governorates or the Presidency of Migration Management issue the decision.
What is the deadline to appeal a deportation decision?
An application can be made to the administrative court within 7 days of notification. The deadline is strict and must not be missed.
Does filing a case stop the deportation?
As a rule an application made in time suspends enforcement, although in some serious cases listed in the law it may not.
Is a deportation decision the same as an entry ban?
No. Deportation is removal from the country, while an entry ban is a separate administrative measure that prevents entry to Turkey for a period.
Can a Turkish citizen be deported?
No. Deportation applies only to foreigners.
This article is for general information only and is not legal advice. Legislation may change; consult a lawyer for your case.