Paylaş: What is the Deportation Process for Foreigners?
According to Law No. 6458 (Law on Foreigners and International Protection), foreigners subject to deportation can be sent to their home country or another country. The authority to issue a deportation order lies with governorates and Provincial Migration Administrations. The law outlines the specific circumstances under which a foreigner can be deported or exempt from deportation.
When Can a Deportation Order Be Issued?
Under Article 54 of the Law, deportation orders can be issued under the following circumstances:
Committing Crimes under Turkish Penal Code
- Foreigners who receive a prison sentence of 2 years or more and have completed their sentence in Turkey are deported.
Involvement in Terrorist or Criminal Organizations
- Individuals identified as leaders, members, or supporters of terrorist or criminal organizations are subject to deportation.
False Information or Forged Documents
- Foreigners who provide false information or use fake documents during entry, visa, or residence permit applications can be deported.
Illegal Means of Income
- Foreigners involved in illegal activities to earn income are deported.
Threat to Public Security or Health
- Foreigners posing a threat to public safety or health are deported.
Visa Violations
- Those who overstay their visa or visa exemption period by more than 10 days or have their visa canceled are subject to deportation.
Residence Permit Violations
- Foreigners who do not renew an expired residence permit within 10 days or have their permit canceled may be deported.
Working Without a Work Permit
- Foreigners working without a valid work permit are subject to deportation.
Illegal Entry or Exit
- Those who enter or exit Turkey illegally are deported.
Violation of Entry Ban
- Foreigners who re-enter Turkey despite a previous entry ban are deported.
Failure to Leave After Residence Permit Rejection
- Foreigners who fail to leave Turkey within 10 days after a rejected residence permit application are deported.
Rejected International Protection Applications
- Foreigners whose international protection applications are rejected, canceled, or terminated may be deported.
Involvement with Terrorist Organizations
- Individuals identified by international organizations as linked to terrorist groups are subject to deportation.
How to Appeal a Deportation Decision?
Foreigners have the right to appeal a deportation decision within 7 days at the administrative court. During the appeal process, deportation proceedings are suspended.
Exemptions from Deportation
Certain foreigners cannot be deported under Article 55 of the Law:
- International protection applicants cannot be deported until their application is finalized.
- Victims of human trafficking cannot be deported during the protection and rehabilitation period.
- Individuals at risk of torture or persecution, who cannot safely be sent to another country, are exempt from deportation.
