Paylaş: What is a Deportation Decision?
A deportation decision, ordered by the governor’s office or the Provincial Directorate of Migration Management, involves expelling a foreigner from Turkey. It is issued under the Law on Foreigners and International Protection (Law No. 6458) and is communicated to the foreigner, their legal representative, or attorney.
How to Appeal a Deportation Decision?
Foreigners or their legal representatives can appeal a deportation decision to the Administrative Court within 15 days. The appeal process includes the following steps:
Preparation of an Appeal Petition
- The appeal petition is prepared by the foreigner, their legal representative, or attorney and submitted to the court.
Status During the Appeal
- Once the appeal is filed, deportation is suspended until the court reaches a decision.
Court Process
- The Administrative Court reviews the appeal under urgent procedure and delivers a verdict.
Cases Where Deportation Can Still be Enforced
In certain cases, even if an appeal is filed, the deportation order may still be executed:
Connection to Terror or Criminal Organizations
- If the foreigner is a leader, member, or supporter of a terror or criminal organization, the deportation order can be enforced.
Threat to Public Security or Health
- If the foreigner poses a significant threat to public security or health, deportation can proceed.
Association with Internationally Recognized Terrorist Organizations
- If the foreigner is linked to groups identified as terrorist organizations by international bodies, deportation may still occur despite the appeal.
Important Considerations for Filing an Appeal
- Observe the Deadline: The appeal must be filed within 15 days of receiving the deportation decision.
- Submit to the Administrative Court: The appeal should be submitted through the foreigner’s attorney or legal representative.
- Provide Supporting Documents: The appeal petition should include evidence demonstrating the unlawfulness of the deportation decision.
Outcome of a Successful Appeal
If the court accepts the appeal, the deportation decision is annulled, allowing the foreigner to stay in Turkey. If the appeal is denied, the deportation order is executed.
