Deportation Decisions and Administrative Detention: Legal Remedies

A deportation decision or being placed under administrative detention starts a process with very short time limits and consequences that are hard to undo. This article summarises the legal basis of such decisions, the ways of challenging them and the applicable time limits.

The legal basis of a deportation decision

Deportation is a measure regulated in Part Four of Law No. 6458 on Foreigners and International Protection (LFIP), by which a foreign national is required by an administrative decision to leave Türkiye. The decision is taken by the Presidency of Migration Management of the Ministry of the Interior or by the governorates it authorises.

Grounds on which a deportation decision may be taken

Article 54 of the Law lists the foreign nationals in respect of whom a deportation decision may be taken. The grounds encountered most often in practice are:

• persons assessed to be leaders, members or supporters of a terrorist organisation or members of a criminal organisation established for profit;
• persons assessed to pose a threat to public order, public security or public health;
• persons who overstay their visa, visa exemption or residence permit by more than ten days;
• persons found to be working without a work permit;
• persons found to have used forged documents or committed document fraud;
• persons who used false information or forged documents in applications for entry to Türkiye, visas or residence permits.

Administrative detention and removal centres

Under Articles 57 and 57/A of the Law, a governorate may order administrative detention in respect of foreign nationals subject to a deportation decision who present a risk of absconding or disappearing, irregular migrants, persons posing a threat to public order or security, and persons whose application has been refused. Foreign nationals placed under administrative detention are accommodated in removal centres. As a rule the period of administrative detention may not exceed six months; however, where there are reasonable grounds relating to the failure to complete the deportation procedure, it may be extended by a maximum of a further six months, so that the total period may reach twelve months at most.

Challenging an administrative detention decision

An administrative detention decision may be challenged before the magistrate's court in criminal matters by the foreign national, the legal representative or the lawyer. The court concludes the challenge as soon as possible. If the challenge is upheld, the foreign national is released immediately.

Annulment proceedings and a stay of execution before the administrative court

The deportation decision, together with its reasons, is notified to the foreign national or to the legal representative or lawyer. Under Article 53 of the Law, proceedings may be brought before the administrative court within seven days of notification. Where the person bringing proceedings is under administrative detention, the court is to conclude the case within fifteen days. As a rule the foreign national may not be deported during the period for bringing proceedings or until the court gives its decision; that safeguard matters if the remedy is to offer effective legal protection. Requesting a stay of execution together with the annulment action is also recommended in order to protect personal liberty at every stage of the process.

The principle of non-refoulement

Article 4 of the Law expressly lays down the principle of non-refoulement, one of the fundamental principles of international law. Under it, no one within the scope of the Law may be sent to a place where he or she would be subjected to torture, inhuman or degrading punishment or treatment, or where his or her life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion. The principle is consistent with the 1951 Geneva Convention relating to the Status of Refugees and is one of the strongest arguments available when the lawfulness of a deportation decision is reviewed. Observing it is particularly important for persons who have applied, or may wish to apply, for international protection.

Conclusion

Deportation and administrative detention are severe administrative measures that directly affect personal liberty and the right to remain in Türkiye. Because the time limits for challenges and proceedings are very short, obtaining legal assistance from a lawyer immediately after the decision is served is critical both for managing the process effectively and for preventing loss of rights.

This article is intended as general information and does not replace legal advice. We recommend consulting a lawyer about your particular situation.