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.