Introduction

In Turkey, the deportation of foreign nationals is governed by Law No. 6458 on Foreigners and International Protection. Foreigners can be deported for various reasons, such as visa violations, engaging in criminal activities, or posing a threat to public security. This article explores the deportation process, the legal rights of foreigners facing deportation, and the appeal procedures available to challenge a deportation decision.

Violation of Visa or Residence Regulations:

• Foreigners who overstay their visas, fail to renew their residence permits, or violate the terms of their residence may face deportation. Common examples include working without a permit or staying beyond the allowed period.

• Foreign nationals involved in criminal activities, particularly those related to terrorism, drug trafficking, or organized crime, are subject to deportation. Such offenses often lead to immediate deportation orders.

• Any foreigner considered a threat to public security, national security, or public health can be deported. This includes individuals involved in extremist activities or identified as risks by Turkish authorities.

Public Security Threat:

• Foreigners suspected of terrorism, organized crime, or other serious threats to public safety may face deportation. Turkish authorities prioritize national security in such cases.

• Individuals diagnosed with contagious diseases posing a threat to public health may be deported, though health support is typically provided before deportation is considered.

Right to Be Informed:

• Foreign nationals must be notified in writing about the reasons for their deportation and their legal rights, including deadlines for appeal.

• Foreigners have the right to appeal deportation decisions to the Administrative Courts within 7 days of receiving the deportation order. Appeals may be based on procedural errors, humanitarian grounds, or changes in personal circumstances​.

• Filing an appeal within the specified timeframe suspends the deportation until the court issues a final decision, preventing deportation before a fair review.

Filing an Appeal:

• Appeals must be submitted to the local Administrative Court with supporting documentation challenging the deportation decision. Common grounds for appeal include humanitarian concerns or procedural mistakes.

• The court reviews the deportation decision and the arguments of the foreign national. Urgent cases may be expedited, but the review process typically takes several weeks.

• If the court sides with the foreign national, the deportation is canceled, and they may remain in Turkey. If denied, the deportation process resumes, and the foreigner must leave within the specified time.

Temporary Protection for Refugees:

• Refugees under temporary protection, such as Syrians, are exempt from deportation as long as they are covered by Turkish law, protecting them from being sent back to unsafe regions.

• Foreigners married to Turkish citizens or those with family members living in Turkey may be exempt from deportation, depending on the grounds and humanitarian considerations.

• Minors, trafficking victims, and individuals with severe medical conditions are generally protected from deportation under Turkish law.

Faster Review Procedures:

• Recent regulations introduced in 2024 have streamlined the appeals process, ensuring quicker resolutions for foreign nationals.

• Foreigners can now submit deportation appeals online through digital platforms, increasing accessibility and transparency.

The deportation process in Turkey is governed by clear legal frameworks that ensure foreigners are informed of their rights and have the opportunity to challenge deportation decisions in court. While deportation may be initiated for visa violations or security concerns, foreigners have the right to appeal and protect their rights through the legal process.