Paylaş: Deportation of Foreign Nationals: Legislation and Legal Process
Decision on Deportation and Legal Basis
A single decision for multiple deportations is against international law. According to the 4th protocol of the European Convention on Human Rights, no one can be expelled from the country of which they are a citizen collectively or individually. Foreign nationals can be deported to their home country, a transit country, or a third country (YUKK Art. 52/1).
Conditions for Deportation Decision
A deportation decision must be written and formally notified; oral commands cannot initiate the process. The home country is defined as the source of regular or irregular migration. If there is a risk of torture, inhuman treatment, or threats due to race, religion, or political beliefs in the target country, alternative destinations must be considered.
Authority and Timeline for Deportation
The decision to deport is generally made by the governorates and must be finalized within 48 hours (YUKK Art. 57/1). The time starts when the foreign national is handed over to the Provincial Directorate of Migration or the Return Center.
Notification and Appeal of Deportation Decision
The decision must be communicated to the foreigner along with its reasons. Detainees must be informed of their rights and allegations in a language they understand (ECHR Art. 5/2). The foreigner or their attorney may appeal the deportation decision to the administrative court within 7 days. The court must resolve the appeal within 15 days, and this decision is final. Deportation is halted during the appeal process (YUKK Art. 53/3).
Right to Effective Remedy and Constitutional Protection
If the constitutional rights of foreigners are violated, they have the right to promptly appeal to the competent authority. The right to an effective remedy is protected by the Constitution, and deportation cannot proceed until the legal process is complete.
