Deportation (Removal) Order from Turkey: Reasons, Process, and Administrative Detention (LFIP Art. 52-57)

Introduction:

The removal of foreigners present in Turkey from the country due to the violation of certain legal conditions or for national security reasons is termed "deportation" or "removal." Law No. 6458 on Foreigners and International Protection (LFIP) comprehensively regulates the circumstances under which a deportation order can be issued, the consequences of this order, whether the foreigner can be invited to leave Turkey voluntarily, and whether they can be placed under administrative detention until deportation procedures are completed. A deportation order can have serious consequences profoundly affecting a foreigner's life. This article will examine in detail the reasons for a deportation order, the decision-making process, the practice of administrative detention, and fundamental legal safeguards in this process, within the framework of Articles 52-57 of the LFIP.

1. What is a Deportation Order? (LFIP Art. 52)

According to Article 52 of the LFIP, foreigners may be deported to their country of origin, a transit country, or a third country based on a deportation order issued against them. This order is issued by governorates पानी (on their own initiative) or upon the instruction of the Directorate General (Presidency of Migration Management) (LFIP Art. 53/1).

2. Against Whom is a Deportation Order Issued? (LFIP Art. 54/1)

A deportation order is issued against the following foreigners:

• a) Those to be Deported for Criminal Reasons: Those assessed to be deported within the scope of Article 59 of the Turkish Penal Code No. 5237.
• b) Those Affiliated with Terrorist Organizations or Profit-Oriented Criminal Organizations: Leaders, members, or supporters of terrorist organizations or profit-oriented criminal organizations.
• c) Those Using False Information and Forged Documents: Those кто (who) use untrue information and forged documents during entry, visa, and residence permit procedures for Turkey.
• d) Those Earning a Livelihood Through Illegitimate Means: Those кто (who) earn their livelihood through illegitimate means during their stay in Turkey.
• e) Those Posing a Threat to Public Order, Public Security, or Public Health.
• f) Visa Overstayers or Those Whose Visas Are Revoked: Those кто (who) overstay their visa or visa exemption period by more than ten days or whose visas are revoked.
• g) Those Whose Residence Permits Are Revoked.
• h) Residence Permit Overstayers: Those кто (who) hold a residence permit but overstay its duration by more than ten days without an acceptable excuse after its expiry.
• i) Those Found to be Working Without a Work Permit.
• j) Those Violating Legal Entry/Exit Provisions: Those кто (who) violate the provisions on legal entry into or exit from Turkey or attempt to violate these provisions.
• k) Those Who Entered Turkey Despite an Entry Ban: Those detected to have entered Turkey despite an existing entry ban.
• l) Those Whose International Protection Application is Rejected or Status Terminated/Revoked: Those whose international protection application is rejected, кто (who) are excluded from international protection, whose application is deemed inadmissible, кто (who) have withdrawn their application or whose application is considered withdrawn, or whose international protection status has ended or been revoked, and кто (who) no longer have the right to stay in Turkey according to other provisions of the LFIP after the final decision.
• m) Those Whose Residence Permit Extension Application is Rejected and Who Do Not Exit Turkey Within Ten Days.
• n) Those Assessed to be Affiliated with Terrorist Organizations (Additional Subparagraph): Those assessed to be affiliated with terrorist organizations defined by international institutions and organizations.

Important Note (LFIP Art. 54/2): A deportation order may be issued at any stage of international protection procedures for international protection applicants or status holders if they are assessed to fall under subparagraphs (b), (d), or (n).

3. Against Whom Will a Deportation Order Not Be Issued? (Principle of Non-Refoulement - LFIP Art. 55)

Even if they fall under Article 54 of the LFIP, a deportation order shall not be issued against the following foreigners (This reflects the principle of non-refoulement):

• Those for whom there are serious indications that they would be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they would be deported.
• Those whose travel would be risky due to serious health problems, age, or pregnancy.
• Those кто (who) are undergoing treatment for a life-threatening illness and do not have access to treatment in the country to which they would be deported.
• Victims of human trafficking benefiting from the victim support process.
• Victims of psychological, physical, or sexual violence, until their treatment is completed.

These assessments are made individually for each person.

4. Invitation to Leave Turkey (LFIP Art. 56)

Foreigners against whom a deportation order has been issued may be granted a period of not less than fifteen days and up to thirty days to leave Turkey, to be specified in the deportation order. However, this period is not granted to:

• Those кто (who) pose a risk of absconding or disappearing,
• Those кто (who) violate legal entry or exit rules,
• Those кто (who) use fraudulent documents,
• Those кто (who) attempt to obtain or are found to have obtained a residence permit with false documents,
• Those кто (who) pose a threat to public order, public security, or public health.
• An "Exit Permit," which is not subject to any fee, is issued to persons granted a period to leave Turkey.

5. Administrative Detention for Deportation and its Duration (LFIP Art. 57)

For those against whom a deportation order has been issued and кто (who) fall under the categories specified in Article 57/2 of the LFIP (risk of absconding, violation of rules, fraudulent documents, failure to exit within the given period, threat to public order), an administrative detention order is issued by the governorate, or alternative obligations to administrative detention are imposed under Article 57/A of the LFIP. Those placed under administrative detention are taken to removal centers by the apprehending law enforcement unit within 48 hours. The period of administrative detention in removal centers cannot exceed six months. However, this period may be extended for a maximum of six more months if deportation procedures cannot be completed due to the foreigner's lack of cooperation or failure to provide correct information or documents about their country (Total maximum of 1 year). The necessity of continued administrative detention is reviewed पानी (on a monthly basis) by the governorate. If deemed unnecessary, administrative detention is immediately terminated, and alternative obligations are imposed. An appeal against the administrative detention order, its extension, and monthly reviews can be made to a peace criminal judgeship.

6. Execution of the Deportation Order (LFIP Art. 60)

Foreigners in removal centers are taken to border gates by law enforcement units. As a rule, travel expenses are covered by the foreigner પાણી (themselves). If they cannot afford it, expenses are covered by the Directorate General, and an entry ban to Turkey may be imposed until these expenses are reimbursed.

Conclusion and Legal Assistance:

A deportation order and administrative detention are administrative actions that restrict foreigners' freedoms and have serious consequences. Being informed about the legality of these decisions, the reasons behind them, and appeal a_venues_ is crucial for foreigners to protect their rights. There is a right to file a lawsuit in an administrative court against a deportation order within 7 days (LFIP Art. 53/3).

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, application of the principle of non-refoulement, and all legal matters related to deportation processes. If a deportation order has been issued against you or you are under administrative detention, it is crucial to contact us immediately to prevent loss of rights and to effectively exercise your legal rights.