Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Have you received a deportation order in Turkey? You have the right to challenge this decision and prevent your deport from the country.
Under Turkish immigration law, a foreigner can appeal the deportation order before the Administrative Court. However, there is an important deadline: you must file your case within 7 days after receiving the deportation decision. If you are under detention, you can contact with your lawyer and he/she will make the appeal on behalf of you.
A deportation order is an official decision requiring a foreigner to leave Turkey. Under Law No. 6458 on Foreigners and International Protection, deportation decisions are issued by the local governorship (Valilik).
If a deportation order is issued against you, the authorities must notify you of the decision and explain the reasons for it.
Receiving a deportation order does not always mean that you must immediately leave Turkey. In many cases, you have the right to challenge the decision before a court.
Turkish law lists several reasons why a foreigner may face deportation. Some common reasons include:
These are some of the grounds listed under Article 54 of Law No. 6458. Whether a deportation decision is lawful depends on the facts of each case.
The appeal process is subject to a very short deadline. You must file a lawsuit in 7 days in the administrative court. Under Article 53 of Law No. 6458, the foreigners or their lawyer can apply to the Administrative Court.
The court examines the case and the evidence. Under the amended Article 53, the application must be decided within 15 days after the case file becomes complete or any required interim proceedings or hearing have been completed. The court’s decision is final under Article 53.
Yes. Under Article 53 of Law No. 6458, a foreigner cannot be deported while the legal period for filing a lawsuit is ongoing or while court proceedings are pending. This means that filing a lawsuit within the 7-day deadline provides protection against removal from Turkey. However, this rule does not automatically mean that a person held in a removal center will be released.
Yes. The Administrative Court can annul a deportation order if it finds that the decision is unlawful.
The court may examine the reasons for deportation, the evidence presented by the authorities, and the foreigner’s personal circumstances. If the court annuls the decision, the deportation order loses its legal effect.
Being held in a removal center does not prevent you from challenging a deportation order.
There are two separate legal procedures:
Even If some foreigners meet the conditions listed in Article 54 of the Law on Foreigners and International Protection (which usually allows deportation), they cannot be deported if they belong to certain protected groups:
Once the circumstances justifying protection cease to exist, authorities may proceed with issuing a deportation order. Each case must be assessed individually and may require legal consultation.
Foreigners subject to deportation are sent to Removal Center (GGM). A foreigner can be kept in a removal center for up to 6 months. If the deportation process takes longer because the person doesn’t cooperate or doesn’t give correct information about their home country, this period can be extended for another 6 months.
Foreigners who are kept in removal centers have the right to object to this decision. They can appeal to the Criminal Judge of Peace to review the detention with their lawyer. However, appealing against being held in a removal center does not stop the deportation process. This means that even if a foreigner is released from detention, they can still be deported. Deportation is only paused if the foreigner files a lawsuit to cancel the deportation decision itself, not just the detention.
In cases where a deportation decision is made against foreigners in Turkey, the competent authorities may grant the individual the opportunity to leave the country voluntarily generally within 15 to 30 days.
To enable the foreigner to depart from Turkey within the granted period, an Exit Permit Certificate is issued. If the foreigner live in this period an entry ban to Turkey may not be applied. The foreigner is required to notify their travel plan to the relevant Provincial Directorate of Migration Management at least 48 hours before departing from Turkey.
If the foreigner doesn’t leave the country, next time when he/she is caught there will be no option but deportation, plus a long-term entry ban to Turkey may also be imposed. (How to Revoke Entry Ban?)
Foreigners who are not allowed to leave voluntarily are:
An Administrative Detention Order (İdari Gözetim Kararı) is a legal decision made by Turkish Governor’s Office (Valilik) to keep a foreign national in custody while their deportation process is being carried out.
When a foreigner is at risk of being deported, the Turkish authorities may decide to hold them in a removal (deportation) center. This is not the same as being arrested for a crime—it’s an administrative measure, used to make sure the person doesn’t escape or hide before leaving the country.
The duration of administrative detention at the removal center (GGM) cannot exceed six months. However, it may be extended for a maximum of six months in cases where the deportation proceedings cannot be completed due to the foreigner’s non-cooperation or failure to provide accurate information or documents.
The Administrative Detention decision is re-evaluated by the governorate every month. However, if deemed necessary by the governorate, the evaluation can be made without waiting for the thirty-day period.
If it is decided by the Governorship that there is no need for administrative detention, this decision is notified to the Ministry of Interior and if the MOI approves it, the administrative detention order on the foreigner is lifted. These foreigners shall be subject to alternative obligations to administrative detention. These obligations can be:
These measures cannot last more than 24 months in total. If the foreigner does not follow the rules, they can be detained again. If a foreigner is required to wear an electronic monitor, they can ask the criminal court to review the decision. The court will make a decision within five days, and that decision is final.
If a foreigner is placed under administrative detention in Turkey, they have the right to challenge this decision. The person detained, their lawyer, or legal representative can file an appeal to the Criminal Court of Peace. Filing an appeal does not stop the detention, but the court will review the case quickly.
If the appeal is first given to the immigration office, it must be forwarded to the court right away. The judge must make a decision within five days, and that decision is final. If the situation changes or there is no longer a reason for detention, another appeal can be submitted.
Foreigners can enter Turkey with a legitimate visa even if they have a deportation order against them. A “Visa with Annotation” (Özel Meşruhatlı Vize) is a special type of visa granted to foreigners, allowing them to enter Turkey even if they have previously been subject to a deportation order.
Foreigners must apply for annotated visa at Turkish consulates in the country where the he/she is residing. After evaluating the application, authorities will issue the visa for a duration that fits the applicant’s situation. This process provides a legal pathway for people who would otherwise be restricted from entering Turkey due to deportation decisions.
Working with an experienced immigration lawyer can prevent delays and minimize the risk of deportation. Filing release requests from Removal Center in time is important because once you are out of Turkey everything could be harder for you.
If you have received a deportation order, contact me without delay.
No. You have 7 days to appeal the decision, and deportation cannot be carried out during this period.
Generally, yes. Article 53 protects foreigners from deportation while the legal filing period or court proceedings are ongoing, subject to the statutory exception concerning consent to deportation.
Typically, entry ban is imposed. You can appeal ban decision and remove entry ban or you can get annotated visa to enter to Turkey.
In Turkey, the cost of deporting a foreigner is primarily the responsibility of the individual being deported. If the person has enough money, they must pay for their own travel. If they have no money at all, the government covers the expenses. In cases where the foreigner has limited funds, part of their money is kept for basic needs, and the rest is used toward travel costs. Any remaining expenses are paid by the government.
If these costs are not repaid, the individual may be banned from reentering Turkey until payment is made.
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