What is Deportation? Process, Conditions and Right of Appeal

Deportation is the termination of a foreigner’s stay in Turkey due to unlawful presence, public order concerns, or other reasons specified in the law, making their departure from the country mandatory through an administrative procedure. This process is regulated under Articles 52-60 of Law No. 6458 on Foreigners and International Protection (LFIP).

This decision can only be made by Governorates (Provincial Migration Administration) and the decision process is completed within a maximum of 48 hours.

The deportation decision is often implemented together with entry ban to the country, administrative detention (RRC / Deportation Center) and mandatory departure procedures.

The most critical point: The appeal period against this decision is only 7 days.

Therefore, swift and professional legal representation directly affects the outcome of the process.

1. In Which Cases is a Deportation Decision Made? (LFIP Art. 54)

According to Article 54 of Law No. 6458, deportation decisions must be made for the following persons:

Important Note:

Falling under Article 54 does not mean you are automatically deported.

The following article (Art. 55) provides exceptions.

2. Persons Who Cannot Be Deported (LFIP Art. 55)

The following persons cannot be deported under any circumstances:

These persons may be granted humanitarian residence permits (LFIP Art. 46).

3. Invitation to Leave Turkey (Voluntary Departure)

Persons subject to deportation decisions may be given 15-30 days and issued a free Exit Permit.

If they leave within the deadline, an entry ban decision may not be imposed.

However, the following are not given time and administrative detention is applied directly:

• Those with flight risk
• Those who use false documents
• Those who pose a threat to public security

4. Administrative Detention (Deportation / Removal Centers – RRC)

Administrative detention decisions are made for the following persons:

• Those with flight/disappearance risk
• Those who violate legal entry-exit rules
• Those who use false documents
• Those who violate the invitation to leave period

RRC Duration:

Up to 6 months.

If necessary, can be extended for another 6 months. (LFIP Art. 57)

Alternative Obligations (LFIP Art. 57/a)

Instead of or after termination of administrative detention, the following obligations may be imposed:

• Residence at a specific address
• Regular reporting
• Family-based return
• Return counseling
• Voluntary public service
• Guarantee
• Electronic monitoring

Total duration cannot exceed 24 months. If obligations are not complied with, the person may be placed under administrative detention again.

5. Criminal Court of Peace Procedures (Administrative Detention and Electronic Monitoring)

Decisions regarding foreigners placed under administrative detention, extensions and monthly evaluation results are served with justifications. If the person is not represented by a lawyer, they are informed about the outcome, appeal procedures and deadlines.

5.1. Right of Application and its Effect

• Who applies? The foreigner, their legal representative or lawyer.
• Where? Criminal court of peace.
• Effect? The application does not suspend administrative detention.
  • Appeal against electronic monitoring decisions also does not suspend the obligation.

5.2. Review Period and Nature of Decision

• The court concludes the application within 5 days.
• The decision is final.

5.3. Re-application in Changed Circumstances

• Claiming that administrative detention conditions have been eliminated/changed re-application to the criminal court of peace is possible.

5.4. Legal Aid (Lawyer Support)

• Foreigners who appeal to judicial remedies against administrative detention procedures and cannot afford lawyer fees are provided with legal services through the bar association under Law No. 1136 on Advocacy upon request.

6. Administrative Court Appeal Against Deportation Decision

• Deadline: 7 days from service.
• Venue: Administrative court (application is also notified to the authority that made the decision).
• Process: The court concludes within 15 days.
• Decision: Final.
• Protection: Except with the foreigner’s consent, they cannot be deported during the lawsuit.

Strategic note: For persons in RRC, two parallel paths work:

1. Administrative detention for criminal court of peace
2. Deportation decision for administrative court Proper timing is decisive for release and legal basis for stay.

Deportation decision for administrative court Proper timing is decisive for release and legal basis for stay.

7. Implementation of Deportation Decision

• Foreigners in RRC are taken to border gates by law enforcement.
• If referral to RRC is not necessary, the procedure is carried out by law enforcement in coordination with provincial organizations.
• The General Directorate may cooperate with international organizations and relevant country authorities during the process.

8. Travel Expenses, Passport and Deposited Money

• Passports/other documents may be held until the procedure is completed. Tickets may be converted to cash.
• Principle: Expenses are covered by the foreigner.
• If the foreigner’s money is sufficient, they pay the full amount; the remainder is refunded.
• If they have no money, expenses are covered by the Presidency.
• If partially available: An amount for basic needs is left to the foreigner; the excess is recorded as Treasury revenue.
• As long as expenses are not repaid, entry to Turkey may not be permitted. If expenses are paid and there are no other prohibitions, the restriction may be lifted.

8.1. Legal Nature of the Debt

• Expenses are public debt under Law No. 6183 Art. 1 and are collected by treasury offices.
• According to Law No. 6183 Art. 104, if the debtor foreigner is abroad, statute of limitations does not apply to this debt. Therefore, it is assessed that there is no obstacle to imposing indefinite restrictions.

8.2. Guarantors and Employer Liability

• Natural/legal persons who guarantee stay/return are obligated to pay deportation expenses.
• Employers/representatives who employ foreigners without work permits:
  • Administrative fine for each foreigner (Law No. 6735 on International Workforce Art. 23/5, Art. 9).
  • Obligation to cover accommodation, return and if necessary health expenses of the foreigner and spouse/children.
  • If these expenses are covered from the public budget, they are collected from the employer under Law No. 6183.

9. Case Example (Realistic Scenario)

A foreigner has been subject to a deportation decision under Art. 54/1-ğ for working without a work permit. However, the person:

• Is in life-threatening danger in their country
• Has a chronic disease under treatment in Turkey
• Has a Turkish citizen spouse

In this case, the Art. 55 exception applies and the deportation decision may be cancelled.

Family unity and right to treatment are under constitutional and international protection.

Legal representation directly determines the outcome in such cases.

10. Case Example (Scenario)

A foreigner found working without a work permit has been taken to RRC after a deportation decision was made under Art. 54/1-ğ. The person has:

• Political risks in their country (claim under Art. 55/1-a),
• Oncological treatment ongoing in Turkey and no equivalent treatment available in their country (Art. 55/1-c),
• Family unity with Turkish citizen spouse.

Action plan:

1. 7 days within administrative court cancellation lawsuit + stay of execution effect (legal protection)
2. Same day appeal to criminal court of peace against administrative detention; request for Art. 57/A alternative package including guarantee + residence at specific address + electronic monitoring
3. Proof of Art. 55 scope with medical reports and risk assessment
4. Strategic management of exit expenses and entry ban issues in the file

Within this framework, the person can be released from RRC and remain in the country during the judicial process with alternative obligations; in the main case, deportation cancellation is targeted.

11. Most Common Mistakes in Practice and Strategy

1. Missing the 7-day administrative lawsuit deadline.
2. Delaying the criminal court application for administrative detention.
3. Failure to conduct Art. 55 exception analysis (health, victimization, risk country, etc.).
4. Targeting direct release without requesting alternative obligations.
5. Not including expenses and entry ban issues in the strategy.

Correct approach: A dual roadmap is established upon service

(administrative court + criminal court of peace). Simultaneous Art. 55 exception and Art. 57/A alternative package requests are filed.

12. Frequently Asked Questions

Conclusion and Expert Assessment

The deportation process is an extremely critical administrative procedure that requires proper analysis and swift legal intervention.

When the 7-day appeal period is missed, the person’s removal from the country and entry ban becomes inevitable.

Therefore:

➡️ Legal action must be taken immediately upon receiving service.

➡️ Whether the personal situation falls under Art. 55 must be professionally assessed.

Legal Basis and Official Source

The deportation process is regulated under Articles 52-60 of Law No. 6458 on Foreigners and International Protection (LFIP).
For official explanations regarding deportation, administrative detention, invitation to leave, voluntary return and entry ban processes:

Republic of Turkey Ministry of Interior Migration Management Presidency – Deportation

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