The Appeal Against Deportation In Turkey 2023
The Appeal Against Deportation In Turkey 2023
Deportation decisions in Turkey can have serious consequences for foreigners’ citizenship status, legal rights, and even human rights. However, foreigners have the right to appeal against deportation decisions made against them. This article provides information on the appeals process in Turkey for deportation decisions.
Deportation decisions are made when foreigners violate Turkish legislation or pose a risk to public order. Deportation decisions can prohibit foreigners from entering Turkey or terminate their current positions in Turkey.
The Deportation Decision
The process of taking and implementing the deportation decision is regulated in the Law No. 6458 on Foreigners and International Protection. According to the law, foreigners in Turkey can be sent to their own country, the country they will transit through, or a third country in some cases.
The descision of deportation is taken by the order of the General Directorate of Migration Management or directly by the governorship. This decision is an administrative action.
Appeals against deportation decisions are primarily reviewed by Administrative Judiciary Bodies. The foreigner who has been subject to a deportation decision can appeal to the Administrative Judiciary Body within 15 days of the notification of the decision. Administrative Judiciary Bodies review the legality of the decision and its compliance with regulations.
If the appeal is rejected by the Administrative Judiciary Body, an appeal can be made to Regional Administrative Courts, the superior authority. Regional Administrative Courts review the legality of the decision and its compliance with regulations.
If the appeal is also rejected by Regional Administrative Courts, an application for final review can be made to the Council of State. The Council of State conducts the final review of the appeals against deportation decisions.
Appeals against deportation decisions are a complex process due to the necessity of detailed explanations for the reasons behind the decision. During the appeals process, foreigners present the necessary documents and arguments against deportation decisions, often with the support of their lawyers.
In conclusion, appeals against deportation decisions are crucial for foreigners to protect their rights in Turkey. The appeals process is complex, and legal support can be helpful for foreigners. The appeals process can increase foreigners’ confidence in defending their rights in Turkey, protecting their rights to live and work in the country.
Appeals against deportation decisions are crucial for protecting the rights of foreigners in Turkey. Such appeals can help foreigners to protect their right to live and work in Turkey. Additionally, such appeals can increase the confidence of foreigners in defending their rights in Turkey.
Appeals against deportation decisions are important for protecting the rights of foreigners in Turkey. However, the reasons behind the decision to deport a foreigner can be quite serious. Therefore, it is important for foreigners to understand the reasons behind such decisions and present arguments that can eliminate those reasons.
In conclusion, appeals against deportation decisions are crucial for protecting the rights of foreigners in Turkey. During the appeals process, it is important for foreigners to seek support from lawyers and understand the reasons behind the decision. Appeals against deportation decisions can increase the confidence of foreigners in defending their rights in Turkey and help them to protect their right to live and work in the country.
Appealing Against Deportation Decisions in Turkey
Individuals who receive a deportation decision are informed by their legal representatives or lawyers. The person subject to the decision has the right to appeal within 7 days from the notification of the decision. As a deportation decision is an administrative process, the appeal is made to the administrative court.
The person subject to the decision cannot be deported until the 7-day appeal period has expired. If the appeal is made within this period, the result of the appeal is awaited. If an application is made to the administrative court against the decision, the decision-making authority must be informed. In this case, the deportation decision cannot be executed until the administrative court resolves the appeal.
The administrative court makes a decision on the appeal within 15 days. The decision is final and cannot be appealed. The administrative court decision either cancels the deportation decision or upholds it.
Administrative Detention
It is stated in the law that some foreigners who are subject to deportation decisions will be kept under administrative surveillance until the decision is implemented. These individuals are held in removal centers during the administrative detention period.
Those who will be subject to administrative detention are:
Those who use fake or forged documents,
Those who violate the entry or exit rules of Turkey,
Those who pose a risk of escape or disappearance,
Those who do not leave Turkey within the given time without a valid excuse,
Those who pose a threat to public order, public safety, or public health.
The administrative detention period is six months. This period can only be extended once for another six months. An appeal can be made to the peace criminal judge against the administrative detention decision. The peace judge decides on the appeal within five days. The decision of the peace judge is final. However, in case of changes in the conditions or the elimination of the administrative surveillance reason, a new application can be made to the peace criminal judge.
You can contact us for legal objections and follow-up procedures against deportation and administrative detention decisions.
Who can be deported?
Foreigners who have been sentenced to imprisonment for their crimes and whose sentences have been completed or conditional release has been granted, and who have been issued a deportation order by the Ministry of Interior.
Those whose residence permit has been cancelled.
Those who have violated their residence permit duration by more than ten days without an acceptable excuse after the expiration of their residence permit.
Those who have been found to work without a work permit.
Those whose residence permit has been cancelled.
Those who have violated their residence permit duration by more than ten days without an acceptable excuse after the expiration of their residence permit.
Those who have been found to work without a work permit.
Those who have violated the legal entry or exit regulations of Turkey.
Those who have violated the legal entry or exit regulations of Turkey.
Those who are leaders, members or supporters of terrorist or interest-based criminal organizations.
Those who have used false information or documents during their entry, visa or residence permit applications.
Those who have earned their living by illegitimate means during their stay in Turkey.
Those who pose a threat to public order, public safety or public health.
Those who have exceeded the visa or visa exemption period by more than ten days or whose visa has been cancelled.
Those who have been found to work without a work permit.
Those who have violated the legal entry or exit regulations of Turkey.
Those who have entered Turkey despite being banned from entry.
Those whose residence permit has been cancelled.
Those who have violated their residence permit duration by more than ten days without an acceptable excuse after the expiration of their residence permit.
Those who have been found to work without a work permit.
Those who have violated the legal entry or exit regulations of Turkey.
Those who have entered Turkey despite being banned from entry.
Those whose international protection applications have been rejected, excluded from international protection, found ineligible for international protection, withdrawn their international protection applications, considered to have withdrawn their international protection applications, whose international protection status has ended, or whose right to stay in Turkey has been cancelled by a final decision.
Who can not be deported?
Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they will be deported
Those who are considered risky to travel due to serious health problems, age and pregnancy status
Those who do not have the opportunity to receive treatment in the country to which they will be deported while their treatment for their life-threatening diseases continues
Victims of human trafficking who benefit from the victim support process
Victims of psychological, physical or sexual violence until their treatment is completed
