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Appeal Against Deportation Order in Turkey

Frequently Asked Questions About Objection to Deportation (Removal) Decision

  1. What is a deportation decision in Turkey and under what circumstances is it issued?
  2. Within what time frame can I object to a deportation decision in Turkey?
  3. Where should an objection to a deportation decision be filed in Turkey?
  4. How is an objection petition against a deportation decision prepared in Turkey?
  5. Before which court is the annulment lawsuit against a deportation decision filed in Turkey?
  6. How long does the implementation of a deportation decision take in Turkey?
  7. What documents are required to annul a deportation decision in Turkey?
  8. How is the suspension of execution requested against a deportation decision in Turkey?
  9. When can a foreigner deported from Turkey re-enter the country?
  10. Does a deportation decision violate the non-refoulement principle in Turkey?
  11. What is the penalty amount for a deportation decision in Turkey?
  12. How is the penalty for a deportation decision paid and what are its consequences in Turkey?
  13. Is deportation without notification of the deportation decision lawful in Turkey?
  14. Is professional legal assistance mandatory for annulment of a deportation decision in Turkey?
  15. Which lawyer should someone with a deportation decision in Turkey get support from in İzmir?
  16. Can I continue to stay in the country after a deportation decision in Turkey?
  17. What can be done against removal decisions issued by the Directorate General of Migration Management (GGM) in Turkey?
  18. Can an immigration lawyer in Turkey stop a deportation decision?
  19. If a deportation decision is annulled in Turkey, can the residence permit be reinstated?
  20. How long does a deportation lawsuit take and what is the likelihood of conclusion in Turkey?

What Is an Objection to Deportation (Removal) Decision?

What is an objection to a deportation decision and what rights does it provide to foreigners in Turkey?

A deportation decision is an administrative act regarding the removal of foreigners residing in Turkey due to reasons such as public order, public security, visa or residence violations, illegal employment, or similar grounds. An objection to a deportation decision is a legal application filed at the Administrative Court to protect the legal rights of the foreigner and to allow continuation of stay in Turkey. This process must be managed with the support of a lawyer specializing in foreigner law or citizenship application consultancy, especially for foreigners living in metropolitan areas such as İzmir and Karşıyaka.

On what legal regulations are deportation decisions in Turkey based?

Deportation decisions issued against foreign nationals in Turkey are based on legal regulations shaped within both national and international law frameworks. The answer to “What is a deportation decision?” fundamentally is an official administrative act ordering the removal of a foreigner from Turkey for reasons related to public order, public security, or public health. This decision is detailed in Articles 52 to 60 of Law No. 6458 on Foreigners and International Protection.

Deportation decisions in Turkey can be issued by the Directorate General of Migration Management, especially against foreigners who threaten public security, exceed their legal stay, work illegally, or are involved in crimes. Similar decisions can also be applied based on a court ruling or for persons whose international protection applications have been rejected. Therefore, the question “How is a deportation decision taken?” often varies depending on the legal and factual situation of the person.

These decisions restrict the “freedom of residence and movement” guaranteed under Article 23 of the Constitution; however, such restriction must be proportionate, lawful, and justified. International human rights treaties to which Turkey is a party also guide the deportation process. Especially Articles 8 (respect for private and family life) and 3 (prohibition of torture) of the European Convention on Human Rights are primary provisions to be considered during the enforcement of deportation decisions.

At this point, administrative judicial remedies such as “annulment lawsuit against deportation decision” or “objection to deportation decision” enable review of the administrative act. However, due to the complexity and time constraints of the legal process, professional assistance is essential. Especially obtaining support from specialists such as an İzmir deport lawyer, Turkey immigration lawyer, or İzmir GGM lawyer ensures correct management of the application process and prevents loss of rights.

Process of Issuing Deportation (Removal) Decisions in Turkey

Under what conditions and how is a deportation decision issued in Turkey?

Issuing a deportation decision against a foreigner in Turkey is the result of an administrative process regulated in Articles 54 and 55 of Law No. 6458 on Foreigners and International Protection. The answer to “How is a deportation decision taken?” depends primarily on the legal status of the person and the behaviors they have shown.

The following situations may lead to deportation decisions in Turkey:

  • Those who do not leave the country despite expiration of their legal stay,
  • Those who use forged documents,
  • Those who pose a threat to public order, security, or health,
  • Members of terrorist organizations or connected to criminal organizations,
  • Persons whose international protection applications have been rejected, cancelled, or terminated.

When one or more of these reasons are identified, the Migration Administration initiates deportation procedures against the relevant foreigner. This decision is usually notified to the person with a written "deportation decision notification." During notification, information regarding the legal rights of the person, the objection period against the deportation decision, and where to apply must also be provided.

The deportation decision is not solely at the discretion of the administration; each decision must be based on legal grounds, be individually evaluated, and be reasoned in writing. Otherwise, this action may be annulled before the administrative court through an annulment lawsuit against deportation decision.

Since this process must proceed quickly and carefully, professional help is vital. Acting under the guidance of an expert such as a Turkey deport lawyer or İzmir immigration lawyer can prevent wrongful implementation of the deportation decision.

Also, the question “How many days does it take for a deportation decision to be issued?” is frequently asked in practice. Although this period varies depending on the case content and speed of file preparation, generally the decision is taken and notified within a few days.

Notification and Implementation Stages of Deportation (Removal) Decisions in Turkey

How and when is a deportation decision notified to the foreigner after it is issued?

After a deportation decision is issued in Turkey, it is mandatory that it be notified lawfully because the notification process is decisive for the foreigner’s right to seek remedy. If the "deportation decision notification" is not made at the proper time and in compliance with procedure, the unlawfulness of the procedure may arise.

According to Article 53 of Law No. 6458, the deportation decision must be notified in writing to the person against whom it is issued. During notification, the person must be clearly informed of:

  • The grounds of the decision,
  • The objection period against the deportation decision,
  • The competent objection authority (administrative court),
  • The right to be represented by a lawyer,
  • The time limit for voluntary departure within legal limits (generally 15 days),
  • The procedure to be followed if a request for non-deportation is made.

Notification is made directly to the person concerned or their legal representative. For foreigners detained, notification is made in removal centers where they are held under administrative custody. Interpreter support is provided to ensure the foreigner understands the language at this stage.

If the notified person does not apply within the legal period, the deportation procedure is implemented. However, filing an “annulment lawsuit against deportation decision” does not automatically suspend the execution of the decision. Suspension of execution is only possible by a separate court decision. Therefore, the process must be managed quickly and effectively.

Foreigners acting with İzmir GGM lawyer or Turkey GGM lawyer can more effectively exercise their legal rights and prevent possible victimizations. Also, preparation of a petition objecting to the deportation decision at this stage is vital. The petition should explain in detail the legal irregularities of the decision and submit supporting documents.

Regarding the frequently asked question “What is the response time for a deportation decision?” the answer varies. The court may take a few weeks to a few months to decide on suspension of execution or annulment. During this period, the person may be held in administrative custody or released under certain conditions.

Administrative Objection Against Deportation (Removal) Decisions in Turkey

To which authorities and within what period can an objection be filed against a deportation decision in Turkey?

The first legal remedy against a deportation decision issued against a foreign national in Turkey is to file an annulment lawsuit in administrative judiciary. This process is explicitly regulated in Article 53 of Law No. 6458 on Foreigners and International Protection.

After notification of the decision, the person can apply to the administrative court of the location where they reside within 15 days to request annulment of the deportation decision. This application period is known as the “time limit for annulment lawsuit against deportation decision,” and missing this deadline finalizes the deportation procedure and renders it executable.

When filing an annulment lawsuit, it is crucial to also request the “suspension of execution.” Without suspension of execution, the deportation procedure may be carried out physically while the lawsuit continues. Therefore, legal grounds must be clearly and strongly presented during application.

The objection petition must detail:

  • Why the deportation decision is unlawful,
  • Which documents are submitted for annulment of the decision,
  • The person’s situation in Turkey (education, marriage, children, etc.),
  • The penalty, effects, and risk of victimization from the deportation decision.

Failure to obtain expert assistance at this stage may lead to serious loss of rights. Therefore, acting with an experienced Turkey deport lawyer or İzmir immigration lawyer forms the basis for a successful litigation process.

Applications to the administrative court are usually decided within several weeks to a few months. However, the legal status of the person must be closely monitored during this period, and additional petitions and documents should be submitted if necessary.

Frequently asked questions include “How to object to a deportation decision?” or “What happens if a deportation decision is annulled?” If the court annuls the deportation decision, the person can legally remain in Turkey and no deportation procedure can be enforced against them.

Judicial Remedy Against Deportation (Removal) Decisions in Turkey: Application to Administrative Court

How to apply to the administrative court against a deportation decision in Turkey?

The most effective judicial remedy against a deportation decision issued against a foreigner in Turkey is to file an annulment lawsuit in the administrative court. This process is a judicial application method reviewing the legality of the administration’s decision both formally and substantively. This procedure, found under the title “annulment lawsuit against deportation decision,” directly affects the fundamental rights and freedoms of the foreigner.

The most critical point in the application to the administrative court is the 15-day period for filing the lawsuit. This period begins to run from the date the deportation decision is notified to the foreigner or their legal representative. Missing this period removes the opportunity to apply to the court and the deportation procedure may be implemented directly by the administration.

Application to the administrative court must be submitted with the following documents:

  • Objection petition against the deportation decision (reasoned and evidential),
  • Document proving notification of the decision,
  • Copies of the foreigner’s passport and ID,
  • Documents showing the person’s ties in Turkey (residence, work, education, marriage, etc.),
  • Power of attorney if necessary.

Requesting “suspension of execution” during the application is extremely important. Because the deportation procedure may continue while the lawsuit proceeds, and even if the case is concluded, the person may already have been deported. The court assesses this request by a separate decision and if the application is justified, the deportation procedure is suspended.

Legal follow-up at this stage requires serious expertise. Especially obtaining professional assistance from experienced lawyers in foreigners’ law such as an İzmir deport lawyer, Turkey immigration lawyer, or İzmir GGM lawyer significantly increases the chances of acceptance of the application.

Also, during the “deportation lawsuit” the person should not be deported and if held in administrative custody, this period should be reasonably short. Otherwise, unjustified deprivation of liberty may arise within the framework of the European Convention on Human Rights.

Thank you, now I present the next heading titled “The Importance of Legal Assistance During the Deportation Process in Turkey.”

Why is legal assistance important for foreigners facing deportation decisions?

A deportation decision is an administrative act directly affecting the most fundamental human rights of foreigners. Such decisions may produce results that eliminate individuals’ living spaces, family integrity, work rights, and rights to safe living. Therefore, obtaining professional legal support during this process is not only recommended but often a necessary requirement.

The first difficulty for those facing deportation decisions is often lack of legal knowledge. Many people get lost in the complexity of the process while searching for answers to basic questions such as “What does a deportation decision mean?”, “What to do against a deportation decision?”, or “How to annul a deportation decision?” At this point, Turkey immigration lawyers or İzmir immigration lawyers take over and professionally manage the entire process.

Legal assistance plays a critical role especially in the following areas:

  • Legal assessment of the notified decision,
  • Application to the correct authorities within legal time limits,
  • Preparation of a strong and effective petition objecting to the deportation decision,
  • Filing a request for suspension of execution with the court,
  • Gathering and submitting necessary evidence,
  • Applying for release of persons under administrative custody,
  • Representing foreigners who cannot communicate or do not speak Turkish.

Moreover, each case requires individual assessment. Factors such as a person’s family situation, social ties in Turkey, work status, or health condition can be decisive in the annulment of the deportation decision. Translating all these factors into legal language and presenting them effectively is possible only with an expert lawyer.

In practice, experts such as an İzmir GGM lawyer or Turkey GGM lawyer specializing in deportation decisions are familiar with Migration Administration procedures and administrative court processes. They can speed up the process, reduce the foreigner’s victimization, and increase the chance of a positive outcome.

It should be remembered that a deportation decision is not a fate. It can be annulled at the right time and with correct legal moves. However, effective use of these rights requires professional guidance.

Rights of Foreigners Subject to Deportation Decisions in Turkey

What rights do foreigners have in Turkey during the deportation process?

A deportation decision issued against a foreigner in Turkey does not mean that the person has relinquished their fundamental rights and freedoms. According to Law No. 6458 on Foreigners and International Protection, every foreigner undergoing deportation procedures has certain legal rights. These rights are protected under both national legal norms and international treaties to which Turkey is a party.

The main rights of foreigners in the deportation process are as follows:

  • Right to Notification: The deportation decision must be notified to the person in writing with reasons stated. The notification must clearly state the objection period against the deportation decision and the application methods.

  • Right to Legal Remedy: The foreigner has the right to apply to the administrative court to request annulment within 15 days from notification. The execution can be suspended with a request for suspension of execution.

  • Right to Legal Representation: Every foreigner has the right to be represented by a Turkey immigration lawyer, İzmir deport lawyer, or authorized legal counsel.

  • Right to Interpreter: Interpreter assistance must be provided during notification and application procedures in a language the foreigner understands.

  • Right to Humane Treatment: While under administrative custody, foreigners must have their basic needs such as health, shelter, food, and personal hygiene met.

  • Protection of Family Unity: If the person lives with their family or has children in Turkey, these factors must be considered and a detailed assessment must be made before issuing a deportation decision.

  • Non-Refoulement Right: If the person risks being sent to a country where their life or freedom is threatened, they cannot be deported under the non-refoulement principle.

  • Data Protection Right: Personal data must only be used within legal limits and must not be shared with third parties.

Although some of these rights exist in theory, unfortunately they may not always be effectively implemented in practice. Therefore, it is crucial that individuals facing deportation threats seek assistance from an expert lawyer such as an İzmir immigration lawyer or Turkey GGM lawyer to effectively exercise their rights.

Relationship Between Deportation Decisions and the Non-Refoulement Principle in Turkey

How does the non-refoulement principle affect deportation decisions in Turkey?

Although deportation decisions can be legally enforceable under certain conditions, their execution may be prevented due to the non-refoulement principle. Both Turkey’s national law and international agreements prohibit deportation of certain persons. In this context, “non-refoulement” is one of the fundamental protective mechanisms defining the limits of deportation decisions.

According to Article 4 of Law No. 6458 on Foreigners and International Protection, the following persons cannot be deported:

  • Persons at risk of torture, inhuman or degrading punishment or treatment,
  • Persons whose life or freedom is threatened due to race, religion, nationality, membership of a particular social group, or political opinion,
  • Persons for whom travel is risky due to serious health problems, old age, or pregnancy,
  • Persons with severe illness under treatment in Turkey,
  • Victims of human trafficking who have not completed their rehabilitation process.

Any deportation decision made against these persons is strictly supervised by courts if an annulment lawsuit against deportation decision is filed. Deporting a person under non-refoulement protection violates both the Constitution and the European Convention on Human Rights. In practice, the answer to the question “How is a deportation decision annulled?” is directly based on these legal protections.

To demonstrate this effectively, documents supporting the person’s legal, medical, and social condition must be submitted to the court. Here, experts such as a Turkey immigration lawyer, İzmir deport lawyer, or İzmir GGM lawyer play a vital role. Legal representation can have life-saving consequences in preventing deportation of persons under non-refoulement protection.

Moreover, the non-refoulement principle is not at the discretion of the administration; every evaluation on this matter must be individual and concrete. If the administration disregards this right, the administrative courts can reestablish it and suspend the deportation procedure if necessary.

Common Mistakes When Objecting to Deportation Decisions in Turkey

What are the most common mistakes made when objecting to deportation decisions in Turkey?

The objection process against a deportation decision is a legally significant process that requires careful execution and has serious consequences. However, in practice, foreigners who do not know this process well or act without consulting often make mistakes that lead to loss of rights and implementation of deportation. Most mistakes in the “objection to deportation decision” process stem from technical inadequacies and lack of information.

Some of the most frequent mistakes are:

1. Failing to Apply Within the Deadline

There is a 15-day lawsuit filing period after notification of the deportation decision. Missing this period finalizes the deportation decision and makes it enforceable. Therefore, the objection period against deportation decision must never be overlooked.

2. Submitting Incomplete or Insufficient Objection Petition

When preparing the "petition objecting to the deportation decision," reasons must be clearly stated, supported with documents, and the personal situation explained in detail. Superficial or standard texts may cause the court to reject the claim.

3. Not Requesting Suspension of Execution

If the request for suspension of execution is not made when applying to the administrative court, the person may be deported while the case proceeds. This leads to irreversible results.

4. Failure to Document Personal Circumstances

If the foreigner’s ties in Turkey, health status, family conditions, or risks in the country of return are not documented, the court may not be convinced. This results in a negative answer to “How is a deportation decision annulled?”

5. Not Receiving Professional Assistance

Failure to obtain support from experts such as an İzmir deport lawyer, Turkey immigration lawyer, or İzmir GGM lawyer in this process requiring immigration law expertise may prevent effective use of rights.

6. Failing to Follow Up on Application

Not following up on the case after application, failing to respond to requests for additional documents, or failing to maintain communication may lead to an adverse outcome.

Avoiding these mistakes is crucial for an effective defense against deportation decisions. Since deportation decisions may have irreversible consequences, every step must be taken carefully and every right exercised timely and appropriately.

Why is professional legal support necessary during the objection process to a deportation decision?

A deportation decision is a serious administrative act that compels a person to leave the country they reside in. This decision affects not only the individual but also their family, work environment, and entire social life. Therefore, conducting the legal process against a deportation decision with professional legal assistance is vital for the success of the process.

Many foreigners begin the process by asking questions such as “How to object to a deportation decision?” or “How to annul a deportation decision?” but suffer loss of rights due to misinformation or legal deficiencies. At this point, specialized lawyers such as an İzmir deport lawyer or Turkey immigration lawyer intervene.

A professional lawyer makes a difference in the following matters:

  • Assessment of the Situation: Detailed analysis of the person’s legal status, reason for deportation, and ties in Turkey.
  • Strategy Development: Identifying points to object to and preparing documents to be submitted to the court.
  • Preparation of Objection Petition: Drafting the petition objecting to deportation decision with effective legal language, strong arguments, and legal basis.
  • Request for Suspension of Execution: Timely filing of a request preventing deportation.
  • Case Follow-Up: Closely monitoring the court process and quickly responding to requests for missing documents.
  • Communication and Interpretation Support: Providing follow-up of legal proceedings, interpreter supply, and communication support with the Migration Administration for foreigners not speaking Turkish.

It should be remembered that deportation decisions often result in irreversible consequences. Every detail, every hour, and every application may be vital for foreigners who do not want to lose their life in Turkey. Therefore, working with an İzmir GGM lawyer or Turkey GGM lawyer is more than a preference—it becomes an obligation.

Legal assistance provides not only legal but also psychological assurance. The person is aware of their rights, knows they are professionally represented, and manages the process more healthily.