Deportation and Administrative Detention Decision: Appeals Procedures

In today's context, migration movements and international protection issues hold a significant place in the agendas of countries. Due to its strategic location, Turkey is at the crossroads of many migration movements, which underscores the importance of deportation decisions and the mechanisms for appealing these decisions. This article will comprehensively examine the deportation decision and the methods of appealing such decisions under the Law No. 6458 on Foreigners and International Protection (LFIP).

The content of this article will cover:

• Basic Principles of the Law No. 6458 on Foreigners and International Protection

• Definition and Reasons for Deportation Decisions

• Implementation of Deportation Decisions

• Methods of Appeal Against Deportation Decisions

Basic Principles of Law No. 6458 on Foreigners and International Protection

In Turkey, the statuses, rights, and obligations of foreigners and international protection applicants are regulated under Law No. 6458 on Foreigners and International Protection (LFIP). Here are the fundamental principles of this law:

Respect for Human Rights

The law commits to respecting the basic human rights of foreigners and international protection applicants. This entails protecting the dignity of every individual and guaranteeing access to fundamental rights.

Rule of Law

The law is based on the principle of the rule of law, ensuring all procedures are conducted in compliance with the laws and allowing individuals access to necessary mechanisms to defend their rights.

International Protection

The law introduces special provisions for international protection applicants, allowing these individuals to seek refuge in Turkey due to dangers and persecution they face.

Non-Refoulement

This principle ensures that no individual is exposed to a situation threatening their life or freedom. In other words, individuals cannot be deported to countries where they risk torture or inhumane treatment.

Effective Administrative and Judicial Remedies

The law guarantees that foreigners and international protection applicants have effective access to administrative and judicial remedies, providing protection against unjust treatment.

Family Unity

The law supports the principle of protecting family unity and living together with family members. This facilitates the cohabitation of international protection applicants and their family members in Turkey.

Best Interests of the Child

This principle mandates the protection and advocacy of children's rights, placing children at the forefront of decisions regarding their protection and welfare.

Protection of Individuals with Special Needs

The law introduces special provisions for protecting particularly vulnerable groups and individuals, including the elderly, disabled, pregnant women, single women, and children.

Deportation Decision and Applicable Situations

Under Law No. 6458 on Foreigners and International Protection (LFIP), a deportation decision is an administrative action for removing a foreign national from Turkey for specific reasons.

Details of this process:

1. Definition and Reasons for Deportation Decisions

A deportation decision is an administrative order for removing a foreign national from Turkish territory. Article 54 of LFIP outlines various reasons for this decision:

• Those evaluated as needing deportation under Article 59 of Law No. 5237

• Leaders, members, supporters of terrorist organizations, or profit-oriented criminal organizations

• Those using false information or fake documents in visa and residence permit procedures

• Those sustaining themselves through illegitimate means during their stay in Turkey

• Those posing a threat to public order, public security, or public health

• Those exceeding the visa or visa exemption period by more than ten days or whose visa has been canceled

• Those whose residence permits have been canceled (refer to our article titled 'residence permit' for details)

• Those violating the residence permit duration by more than ten days without a valid reason after its expiration

• Those identified as working without a work permit

• Those violating legal entry or exit provisions to/from Turkey or attempting such violations

• Those detected in Turkey despite having an entry ban

• International protection applicants who are rejected, excluded, deemed inadmissible, withdrawn, considered withdrawn, ended, or canceled their international protection status and do not have the right to stay in Turkey according to other provisions of this Law

• Those who do not leave Turkey within ten days after their residence permit extension applications are denied

• Those evaluated as affiliated with terrorist organizations defined by international institutions and organizations

Under the first paragraph of this article, regarding leaders, members, supporters of terrorist organizations, or profit-oriented criminal organizations, those posing a threat to public order, public security, or public health, and those affiliated with terrorist organizations as defined by international institutions, a deportation decision can be made at any stage of international protection procedures for international protection applicants or status holders.

Implementation of Deportation Decisions

The deportation process is primarily carried out by relevant administrative authorities. The stages of this process include:

Decision Making

First, competent administrative units (Directorate General of Migration Management, Governorship) assess the foreign national's situation and decide whether to issue a deportation decision. This decision is communicated in writing to the foreign national.

Detention Centers

Upon decision, the foreign national can be detained in repatriation centers located in the province where they are found. These centers are places where deportation procedures are completed. Foreign nationals can be held in these centers for a specific period (maximum 6 months, extendable to 12 months in special cases). The necessity of continuing administrative detention is regularly checked by the Governorship every month and can be immediately terminated without waiting for the 30-day period if deemed necessary.

Foreign nationals can appeal against the administrative detention decision. This appeal can be made to the Penal Court of Peace, and the court must finalize the examination within 5 days. The application does not suspend the individual's administrative obligation. The decision of the Penal Court of Peace is final. The appeal should be made from the date of notification of the decision. Appeals are made to administrative judiciary bodies.

Appeal Process

The foreign national, their legal representative, or lawyer can appeal against the deportation decision to the Administrative Court within 7 days from the date of notification of the decision. The person applying to the court must also inform the authority that made the deportation decision. Applications to the Administrative Court are finalized within fifteen days. The decision of the Administrative Court is final. The foreign national will not be deported until the expiration of the lawsuit period or until the end of the judicial process if an appeal is made.

Non-Refoulement

During deportation procedures, the principle of non-refoulement must be observed. This principle guarantees that foreign nationals are not sent to a country where they may be subjected to torture or inhumane treatment. They cannot be sent to a place where they would be subjected to inhumane or degrading treatment or punishment, or where their life or freedom would be threatened due to their race, religion, membership in a particular social group, or political opinions.

Readmission Agreements

Turkey may use readmission agreements during deportation procedures. These agreements regulate the return of foreign nationals to their countries of origin or transit countries. Syrians fleeing the war environment in their country and seeking asylum in European countries are outside the scope of the Readmission Agreement.

Methods of Appeal Against Deportation Decisions

Under Law No. 6458 on Foreigners and International Protection (LFIP), an appeal can be made against a deportation decision through specific mechanisms and channels. Here are these appeal methods and where to apply:

Possibility of Appeal

Appealing a deportation decision is a fundamental right of foreign nationals. The foreign national, their legal representative, or lawyer can appeal against the deportation decision to the Administrative Court within 7 days from the date of notification of the decision. The person applying to the court must also inform the authority that made the deportation decision. Applications to the Administrative Court are finalized within fifteen days. The decision of the Administrative Court is final. The foreign national will not be deported until the expiration of the lawsuit period or until the end of the judicial process if an appeal is made.

Application Procedure and Required Documents

Applications are made via a written petition. The petition should clearly state the reasons for appealing the deportation decision. Additionally, the appeal petition should include the identity documents of the person subject to the decision, a copy of the decision, and other relevant documents.

Lawyer Assistance

Foreign nationals can seek the help of a lawyer during the appeal process. Lawyers can be appointed to defend their clients' rights and prepare the necessary documents. A power of attorney can be issued through a notary at the Repatriation Center where the foreign national is located.

Suspension of Execution

The petition can request the suspension of execution. This allows the court to temporarily suspend the implementation of the deportation decision while reviewing the appeal.

Administrative Detention Duration

Foreign nationals subject to a deportation decision can be held in repatriation centers for a maximum of 6 months, extendable to 12 months in special cases, while awaiting the implementation of the decision. However, during the appeal process, the duration of detention under administrative supervision should be in accordance with the durations determined by the court.

This article is for informational purposes only.