HOW TO APPEAL A DEPORTATION ORDER?
What is a Deportation Decision?
Article 54 of the Law No. 6458 on Foreigners and
International Protection specifies the persons to be deported. The
administrative process applied to persons who are found to be among the persons
specified in Article 54 of Law No. 6458 or who are found to have committed such
violations is called a deportation decision.
What is an Invitation to Leave Turkey?
In order to implement a deportation decision or a
deportation order, the procedure of "invitation to leave Turkey" is
applied to the person concerned. In terms of its nature; it is also accepted as
the notification of the deportation decision to the person concerned.
Foreigners against whom a deportation decision is taken are given a period of
time ranging from 15 days to 30 days to leave the country. Persons who are
deported within these periods; With the petition of objection to the
deportation decision; The decision-making authority must file a lawsuit for the
cancellation of the deportation decision to the administrative court where it
is located. When such a notification is received, it would be best to contact
an English-speaking criminal lawyer.
Grounds for Deportation
Persons who have been convicted under Article 59 of the
Criminal Code No. 5237; after the execution of their sentences and after the
conditional release decision; persons who are deemed by the Ministry of
Interior to be deported
Members and executives of criminal organizations for
interest
Terrorist organization members and executives
Persons who provide false information during visa or
residence permits upon entry into the country and persons who use false
documents in these transactions
Those who earn their living illegally inside the country
Persons who pose a threat to public safety, public health or
public order
Those who overstayed their visa or visa exemption for more
than 10 days, or whose visa or residence permit was canceled
Those who violate their residence permit for more than 10
days without reasonable grounds
Workers without a work permit
Those who violate entry and exit rules
Persons banned from entering the country
Those who do not leave the country within 10 days after
their residence permit extension application is rejected
Persons assessed by international institutions or
organizations to be associated with terrorist organizations
Persons who have been given a deportation decision based on
the above-mentioned reasons for deportation; If they think that the decision in
question is contrary to Law No. 6458; It is necessary to file a lawsuit for the
cancellation of the administrative action to the administrative courts with the
petition of objection to the deportation decision.
Who Are The Persons Who Cannot Be Deported?
Persons who cannot be deported;
Persons for whom there is sufficient evidence that they will
be subjected to the death penalty, torture or inhuman treatment if deported
People who are at risk of traveling due to pregnancy and
people with serious health problems
Life-threatened patients
Victims of human trafficking
Victims of psychological, physical or sexual violence who
are still undergoing treatment
Petition for Appeal Against Deportation Order
The petition of objection to the deportation decision must
be submitted to the administrative courts since the procedure in question is an
administrative procedure. The petition of objection to the deportation decision
is a kind of lawsuit petition. As long as the proceedings continue within the
period of filing a lawsuit and in line with the petition of objection to the
deportation decision, the deportation decision is not applied to the person
concerned.
This article is intended for general informational purposes
only and not intended as a substitute for the advice and counsel of a criminal
defense attorney. If you want to contact an English-speaking
criminal lawyer in Istanbul for more information you can contact our office.
