Appeal and Judicial Remedy Against a Deportation Order: Your Rights and Time Limits (LFIP Art. 53)

Introduction:

A deportation (removal) order issued against a foreigner in Turkey is undoubtedly a serious administrative act that profoundly affects the individual's life, creates uncertainties about their future, and restricts their fundamental rights. However, the Turkish legal system grants foreigners the right to effective legal remedies against such orders. Article 53 of Law No. 6458 on Foreigners and International Protection (LFIP) regulates the procedure for filing a lawsuit in an administrative court against a deportation order and the important safeguards in this process. This article will examine in detail what legal steps you can take when a deportation order is issued against you, the time limit for filing a lawsuit, the possible outcomes of the lawsuit, and what you should pay attention to during this process.

1. Notification of the Deportation Order and its Importance (LFIP Art. 53/2)

The deportation order, along with its grounds, is notified to the foreigner against whom the order is issued, or to their legal representative or lawyer. This notification is critically important for the commencement of the legal process. The notification must provide information on the outcome of the order, appeal procedures, and time limits. If the foreigner is not represented by a lawyer, this information is provided directly to them or their legal representative. The date of notification is the date when the time limit for filing a lawsuit begins to run.

2. Application to the Administrative Court (Annulment Lawsuit) (LFIP Art. 53/3)

A foreigner against whom a deportation order has been issued, or their legal representative or lawyer, may apply to the competent administrative court against this order within seven days from the notification of the order. This application is in the nature of an "annulment lawsuit" and is based on allegations of the unlawfulness of the deportation order.

• Time Limit for Filing a Lawsuit: As the period is short, 7 days, it is crucial to act quickly from the moment the order is notified and to seek legal assistance from a lawyer. This period is a peremptory time limit, meaning the right to file a lawsuit is lost if the deadline is missed.
• Notification of the Application: The person applying to the court also notifies the authority that issued the deportation order (usually the governorate or the Presidency of Migration Management) of their application.
• Conclusion Period of the Lawsuit: Applications made to the court are concluded within fifteen days (after the submission of the defense or the expiry of the defense submission period, once the case file is complete). The decision of the court on this matter is final; meaning, superior court remedies such as appeal (istinaf) or cassation (temyiz) are generally not available. (Note: The litigation process and the finality of the decision in LFIP Art. 53/3 may differ with the amendment made by Law No. 7533, which will enter into force on 21/11/2024. Current legislation should be followed for practices after this date.)

3. Guarantee of Non-Deportation During the Lawsuit (LFIP Art. 53/3 - Last Sentence)

One of the most important safeguards is that, unless the foreigner consents, the foreigner shall not be deported during the time limit for filing a lawsuit or, if a judicial remedy is sought, until the conclusion of the trial. This provision safeguards the foreigner's right to a fair trial and access to court. In other words, if a lawsuit is filed within the 7-day period, the person cannot be deported until the court issues a decision.

4. Arguments That Can Be Raised in an Annulment Lawsuit

In an annulment lawsuit against a deportation order, the unlawfulness of the order can be argued on various grounds:

• The order is not based on the deportation reasons in Article 54 of the LFIP, or these reasons are not present in the specific case.
• Violation of the principle of non-refoulement under Article 55 of the LFIP (danger of the person being sent to a country where they would face torture, death penalty, etc.).
• The order was not issued पानी (in accordance with) proper procedure (lack of notification, denial of the right to defense, etc.).
• The order violates the principle of proportionality (e.g., a disproportionate decision made without considering the person's family ties in Turkey, long-term residence, etc.).
• Unlawfulness of the administrative detention order (if administrative detention is also applied).

5. Importance of Legal Representation by a Lawyer

Lawsuits against deportation orders constitute a technical and complex area of foreigners' law. Due to the short time limit for filing a lawsuit, the correct determination of legal arguments to be raised, the submission of evidence, and the effective follow-up of the court process, seeking professional assistance from a lawyer specializing in foreigners' law will significantly increase the chances of success in the lawsuit. A lawyer can also make necessary legal applications against an administrative detention order.

6. Outcomes of the Lawsuit

• Annulment Decision: If the court finds the deportation order unlawful, it will rule for the annulment of the order. In this case, the foreigner's deportation process is stopped, and if applicable, administrative detention is terminated. The person's legal status in Turkey may need to be reassessed.
• Rejection Decision: If the court finds the deportation order lawful, it will dismiss the lawsuit. In this case, the administration can proceed with deportation procedures.

Conclusion and Legal Assistance:

A deportation order from Turkey is an extremely stressful and challenging situation for foreigners. However, you must remember that you have the right to effective legal remedies against this order. To avoid missing the short 7-day time limit for filing a lawsuit and to best defend your rights, it is crucial to contact a lawyer specializing in foreigners' law immediately upon notification of the order.

As SKF VISION LAW, we provide expert legal consultancy and representation services to our clients in annulment lawsuits against deportation (removal) orders, appeals against administrative detention orders, and all areas of foreigners' law. If a deportation order has been issued against you, contact us immediately to protect your legal rights and ensure a fair judicial process.