According to the Turkish Statistical Institute’s (TurkStat) International Migration Statistics report for 2023, the number of migrants coming to Turkey from abroad reached 316,456 people. For this reason, along with the concepts of “migrant”, “refugee” and “asylum seeker”, the practice of “removal” gains importance. In this respect, the legislator has regulated the entry and exit of foreigners under international protection, their stay in Turkey, the scope and implementation of the protection to be provided by legislation. (LFIP – Law on Foreigners and International Protection Art. 52-60) Therefore; in this article, we will examine the issue of “removal”.
What Is Removal (Deportation)?
First of all, it would be useful to explain the concept of “removal”, also called “deportation”, in order to avoid confusion with other sanctions. Removal (deportation) is the forcible removal of a person from a country without legal authorization or citizenship rights, or as a result of the revocation of his/her legal status for certain reasons. In other words, removal is the forced removal of a person from a country where he or she is legally present. Removal usually occurs when a person who is not a citizen of a country or does not have a residence permit is not allowed to enter or stay in the country for reasons determined by government authorities. Under Turkish law, foreigners may be removed to their country of origin or transit destination or to a third country with a removal decision (Art. 52 of the LFIP).
What Is Removal (Deportation) Decision?
A remoaval decision is a decision to forcibly remove (expel) foreign nationals for certain reasons and to prohibit their entry into the country thereafter. Therefore, the power to issue a removal decision is one of the exclusive powers granted to states under international law.
Accordingly, a removal decision may be issued in cases such as the following:
- The person exhibits behaviors contrary to morality and law
- Pose a national health and safety threat and work without a work permit
- Living without a residence permit or student residence permit
In this respect, the legislator has regulated the removal decisions to be applied against foreigners in Turkish law (Art. 52-60 of the LFIP).
What Is The Legal Nature Of Removal Decisions?
Removal decisions are administrative acts. Therefore, removal decisions may be challenged before the relevant authorities and an annulment action may be filed before the administrative courts. In other words, the person against whom a removal decision has been taken has the right to apply to the court and request the annulment of the decision.
Who Decides On Removal?
Upon the instruction of the Directorate General of Migration Management or directly by the governorate, in the presence of one of the grounds for removal, the decision to remove the foreigner is taken. (Art. 53 of the LFIP) In other words, the competent authority to make a removal decision is the governorate. However, the governorship can also exercise this authority through the Directorate General of Migration Management.
Accordingly, foreigners for whom a removal decision has been taken are immediately notified to the governorate for a decision to be made upon their arrest by law enforcement officers, and the governorate evaluates the situation within 48 hours and makes a decision on whether to remove them or not.
Who Can Be Removed?
The legislator has listed the persons who may be subject to removal decisons (Art. 54 of the LFIP). Accordingly, the governorate may issue removal decisions for the following persons:
- Those who are deemed to be removable under the Turkish Criminal Code (Article 59 of the TCC)
- Those who are managers, members, supporters of a terrorist organization or managers, members or supporters of a criminal organization for profit
- Those who use false information and forged documents for entry into Turkey, visa and residence permits
- Those who earned their living illegally during their stay in Turkey
- Those who pose a threat to public order or public safety or public health (for example, a foreign national may be subject to removal by government authorities if he or she did not have a residence permit at the time of entry or if he or she has committed a crime).
- Those who overstayed their visa or visa exemption for more than ten days or whose visa was revoked
- Those whose residence permits have been revoked
- Those who have a residence permit but violate the duration of the residence permit for more than 10 days without acceptable justification after its expiration
- Those found to be working without a work permit
- Those who violate or attempt to violate the provisions on legal entry into or exit from Turkey
- Those who were found to have come to Turkey despite being banned from entering Turkey
- Those whose international protection application has been rejected, who have been excluded from international protection, whose application has been deemed inadmissible, who have withdrawn their application, whose application has been deemed withdrawn, whose international protection status has been terminated or revoked, and who do not have the right to stay in Turkey according to other provisions of this Law after the last decision taken against them
- Those whose residence permit extension applications are rejected and who do not leave Turkey within 10 days
- Those considered to be associated with terrorist organizations defined by international institutions and organizations
Who Is Not Deported?
The legislator has determined the persons for whom a removal decision cannot be issued. Accordingly, the governorate will not be able to issue a removal decision even if they fall within the scope of the above-mentioned persons (Art. 55 of the LFIP). In addition, these persons may be asked to reside at a certain address and to submit notifications in the required manner and time periods. These persons are, respectively, as follows:
- There are serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country of deportation
- Those who are deemed risky to travel due to serious health problems, age and pregnancy
- Those who do not have the opportunity to receive treatment in the country of deportation while their treatment for life-threatening diseases is ongoing
- Victims of trafficking who are benefiting from the victim support process
- Until their treatment is complete, victims of psychological, physical or sexual violence
Can A Removal Decision Be Issued Against A Person Undergoing Cancer Treatment In Turkey?
Those who are undergoing treatment for life-threatening illnesses and do not have access to treatment in the country of removal cannot be deported. (Art. 55 of the LFIP) However, if the removal decision will not have fatal consequences and the deportee has access to treatment in the country of deportation, the removal decision may be taken.
How Is An Expulsion Decision Enforced?
Once the deport decision has been taken, a formal removal procedure is initiated for the foreigner. This procedure includes all the necessary steps to remove the foreigner from the country. It also requires a series of procedures to implement the decision of the judicial authorities.
First of all, the removal decision is notified to the foreigner. The foreigner may object to the removal decision. If the foreigner does not exercise his/her right of appeal or if his/her appeal is rejected, removal proceedings are initiated. This process includes all the necessary steps to remove the foreigner from the country.
The foreigner who is subject to a removal decision is either deported directly or, in addition to the removal decision, the foreigner may be subject to an invitation to leave Turkey or an administrative detention decision.
Foreigners in removal centers are taken to border gates by law enforcement units. Foreigners who will be deported without the need to be transferred to removal centers are taken to border gates by law enforcement units in coordination with the provincial organization of the Directorate General of Migration Management.
Once the removal of the foreigner is completed, the foreigner is no longer in a legal position. For this reason; he/she is prohibited from re-entering the country.
How To Notify A Removal Decision?
The removal decision may be communicated to the foreigner against whom the removal decision has been made, with concrete and objective reasons, in a language that the foreigner can understand. (Art. 53/2 of the LFIP) It may also be communicated to the foreigner’s legal representative or lawyer. However, the person against whom a removal decision has been issued may not be represented by a lawyer. In this case, the person himself/herself or his/her legal representative should be informed about the outcome of the decision, appeal procedures and deadlines.
Within How Many Days Must A Person Under A Removal Decision Leave Turkey?
Those who are subject to a removal decision are given a period of not less than 15 days and up to 30 days to leave Turkey, provided that it is stated in the removal decision. (Art. 56/1 of the LFIP) However, this period is not granted to the following persons
- Those at risk of flight and disappearance
- Those who violate the rules of legal entry or legal exit
- Those who use forged documents
- Those who try to obtain or are found to have obtained a residence permit with false documents
- pose a threat to public order, public safety or public health
Administrative Detention Decision For Removal
Administrative detention is decided for persons who will not be granted a deadline to leave Turkey and for those who, despite being granted a deadline, do not leave the country within that deadline.
Furthermore, the legislator has stipulated that those who are granted a deadline for departure from Turkey shall be issued an “exit permit” (Art. 56 of the LFIP). However, obligations regarding visa and residence fees and their penalties remain.
What Are The Summons To Leave Turkey?
If a removal order is issued against a foreigner, it may be recorded in the foreigner’s passport with serious consequences. For this reason, foreigners may apply for the decision to be lifted or may consider a summons to leave procedure to prevent it from being recorded in their passport. With this procedure, the foreigner is given the opportunity to leave the country within 15-30 days, during which time an “exit permit” is issued. However, a summons to leave is not applied in all cases and is at the discretion of the administration.
Voluntary Return
There are foreigners who have received a removal decision but wish to return to their country of origin voluntarily. The Directorate General of Migration Management may provide in-kind or monetary support to such persons (Art. 60/A of the LFIP).
How Long Does An Remal Decision Last?
If the foreigner wishes to re-enter the country following a removal decision, he/she must follow the relevant legal procedures to have the order lifted. Therefore, the foreigner cannot re-enter the country before the expiry of the removal decision. However, if the removal decision expires or is lifted, the foreigner may enter the country.
Moreover, the duration of the removal decision may be different in each case. It depends on why the foreigner has received a removal decision and how long he/she can stay in Turkey. Therefore, it is not possible to give a clear answer about the duration of the removal decision. This is because the duration varies depending on the reason and situation of removal.
What Can Be Done Against Removal?
The consequences of removal can be very serious for the foreigner. Therefore, there are some legal measures that can be taken against removal with or without legal assistance:
Appeal Against An Expulsion Decision
It helps to appeal against a removal, defend yourself and protect your rights. Appealing a removal decision is an important step to protect the rights of foreigners. An appeal can be filed by claiming that the removal decision is erroneous or unfair,
Accordingly, the person against whom an removal decision has been issued must apply to the competent administrative court within 7 days of the notification of the decision. In addition, the person who applies to the court shall also notify the authority that issued the removal decision.
Furthermore, the administrative court shall finalize the application against the removal decision within 15 days at the latest. The court’s decision is final.
International Protection
Foreigners facing a removal decision may apply for international protection. This is because this application shows that foreigners have left their country to escape persecution or human rights violations in their country.
Conclusion
As a result, the legislator has tried to harmonize the removal regulations in Turkish law with human rights law and international conventions. In particular, the migrant, refugee and asylum-seeker topicality and the amendment in 2019 led to many amendments to the removal legislation. The aim of these amendments is to ensure that deportations are carried out in a manner befitting human dignity and in accordance with international standards.
For more information about our work in foreigners law and removal, please contact us or check our articles on our website.
Constitutional Court Decisions On Removal
There are many decisions of the Constitutional Court on the issue of removal. In this context, some of the decisions are as follows:
GC, 2021/47168 D., 2022 D. numbered judgment is as follows;
“…However, the decision of the Bursa 1. Administrative Court dated 4/6/2020, a copy of which was submitted by the applicant to the Bursa 1st Administrative Court, contains evaluations similar to the above-mentioned finding of the Constitutional Court (see. § 69) of the Constitutional Court; it was stated that no information and documents regarding the determination of the safe third country to which the applicant could be sent were submitted to the case file, that the applicant could be deported to any country based on the decision subject to the case, and that in this case, the applicant would face the risk of being sent to countries where he would be subjected to the death penalty, torture, inhuman or degrading punishment or treatment, where his life or material and/or moral existence would be under threat.”
Another Court Decision
2. S., 2015/19795 D., 2019 D. numbered judgment is as follows;
“In this case, it is seen that the aim of protecting public order outweighs the aim of protecting public order, taking into account the gravity and importance of the allegation, since the applicant was found to have violated the provisions of legal entry into Turkey and was found to have come to Turkey despite being banned from entering Turkey, thus being removed due to his persistent violation of the provisions of Turkey’s law on foreigners. In addition, considering the fact that it has not been proven that there are serious obstacles to the applicant and his family living together in Azerbaijan, the country of removal, it is concluded that the interference with the right to respect for family life against the legitimate aim pursued has a sufficient basis and does not contain arbitrariness, it is not contrary to the requirements of the democratic social order and is proportionate.“