Pehlivan & Güven Law FirmPublished:
Short answer
A deportation order (sınır dışı / deport kararı) is issued under Article 53/1 of the Law on Foreigners and International Protection (YUKK) and, in practice, is issued by the governorship of the province where the foreigner is located. An action against the order must be filed with the administrative court within 7 days of its notification to the foreigner. If an action is filed, the deportation is not carried out until the case is concluded and the foreigner remains in Türkiye. The administrative court's decision is final; where there is a risk of a violation of the right to life, an application with a request for an interim measure can be made to the Constitutional Court and to the European Court of Human Rights (ECtHR).
Deportation is regulated in the fourth part of the Law on Foreigners and International Protection. Article 52 of the Law on Foreigners and International Protection (YUKK) provides that "Foreigners may be deported, by a deportation order, to their country of origin, to a country of transit or to a third country." It is thus provided that foreigners in Türkiye may, through deportation, be removed to their "country of origin", to a country through which they may transit, or to a safe third country.
Deportation is different from the "refusal at the border gate" (refoulement) of foreigners who wish to enter Türkiye and from foreigners being "invited to leave". You can read about refusal of entry (refoulement) in our other article on restriction codes. In Türkiye, foreigners can be barred from entering the country for set periods by means of a restriction code (tahdit kodu). The actions that can be filed against this are explained in our article on the annulment of restriction codes.
Together with a deportation order, an administrative detention order is usually also issued against the foreigner. Objections to administrative detention are made to the competent Criminal Judgeship of Peace. The conditions of administrative detention and the objection procedure are explained in our other article.
As to the country to which foreigners subject to deportation will be sent:
1- Country of origin
2- Country of transit
3- Third country: the law provides these three options.
Under Article 51 of the Regulation on the Implementation of the YUKK as well, in determining the country to which a foreigner will be deported, account is taken of the foreigner's citizenship status, whether the country to which removal is planned will admit the foreigner, and any request by the foreigner concerning a third country to which they may go. In practice, the administrative authorities tend to respond favourably in particular to foreigners' requests to leave Türkiye and go to a safe third country. The real issue in deportation proceedings arises where it is decided that the foreigner is to be deported to their country of origin.
A deportation order is issued pursuant to Article 53/1 of the YUKK. Deportation orders are issued by governorships either on the instruction of the Directorate General of Migration Management of the Ministry of Interior of the Republic of Türkiye or of their own motion. In practice, the order is issued by the governorship of the province where the foreigner is located. Deportation orders are written in the language of the foreigner concerned, and the objection and litigation routes against the order are explained in it.
Actions against deportation orders before the Administrative Court must be filed within 7 days of notification of the order to the foreigner. Although the time limit for filing actions before administrative courts in Türkiye is 60 days, a special time limit of 7 days has been set for these actions. Foreigners must therefore understand the deportation and its consequences properly and decide quickly whether to file an action.
If an action is filed with the administrative court against the deportation, the deportation of the foreigner is not carried out until the outcome of the case. The foreigner is allowed to continue to stay in Türkiye during the case. Under Article 53/3 of the YUKK, the foreigner, through their legal representative, must notify the defendant administration that an action has been filed. In practice, the representative goes to the Removal Centre (Geri Gönderme Merkezi) where the foreigner is held and has proof that an action has been filed with the administrative court placed in the foreigner's file; this ensures that the foreigner remains in Türkiye until the end of the case.
The law provides that administrative court decisions on deportation are final. For this reason, it is important not to miss the time limit for filing the action and to prepare the statement of claim and its annexes in detail.
Your time limit may be running
A deportation order can be challenged before the administrative court within 7 days of its notification (Law No. 6458, Art. 53(3)). Because the time limit is so short, contact us as soon as the order is served on you.
In actions for annulment of deportation, the decisions given by administrative courts are final. Once the court has given its decision, the ordinary stages of proceedings are over. Because the decision is final, once it is notified to the governorship concerned, the governorship proceeds with the deportation. In that case, if the deportation of the foreigner carries a risk of violating their constitutional rights, in particular the right to life, an individual application to the Constitutional Court may be considered. An individual application to the Constitutional Court will not by itself stop the deportation. However, in the individual application, the applicant may ask the Constitutional Court for an interim measure suspending the deportation.
Internal Regulation of the Constitutional Court
Where it is understood that there is a serious danger to the life or to the physical or mental integrity of the applicant, the Sections may, at the examination on the merits stage, decide on the necessary measures of their own motion or upon the applicant's request.
In an application concerning deportation, an interim measure may be requested on the grounds that the foreigner's life is in danger and that the constitutional right to life will be violated.
It should be stressed again that, in actions for annulment of a deportation order, the decisions given by the administrative court are final. Once the court has given its decision, the ordinary stages of proceedings are over. Once the ordinary legal remedies are exhausted, an application against the deportation order to the Constitutional Court and then to the European Court of Human Rights may be considered, solely to prevent a violation of the right to life.
For foreigners whose deportation may result in a violation of the right to life, if the Constitutional Court has not issued an interim measure, an application may be made to the ECtHR. However, the ECtHR (HUDOC – European Court of Human Rights) is in France. For this reason, there is a high risk that the foreigner will be deported in the time it takes to lodge an application to stop the deportation and obtain a decision on it.
An application to the ECtHR concerning deportation will need to be made by fax or via the website. At this point it should be noted that applications to the European Court of Human Rights arising from the European Convention on Human Rights are, in ordinary circumstances, made from Türkiye by post. Likewise, the ECtHR (HUDOC) conducts its correspondence on applications by post. However, where the deportation of a foreigner would constitute a violation of the Right to Life under Article 2 of the European Convention on Human Rights, it is possible to apply by fax and via the website.
Rules of Court of the European Court of Human Rights
The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may, at the request of a party or of any other person concerned, or of their own motion, indicate to the parties any interim measure which they consider should be adopted in the interests of the parties or of the proper conduct of the proceedings.
Deportation orders are administrative decisions issued by governorships for foreigners to be sent to their country of origin, a country of transit or a third country. An action against these administrative decisions must be filed with the administrative court within seven days. During the case, foreigners remain in Türkiye and the deportation is not carried out. However, the decisions given by the administrative court are final. If the administrative court does not annul the deportation, the order is enforced and the foreigner is deported. Ordinary legal remedies end in this way. To prevent the foreigner from suffering a human rights violation, it is possible to apply to the Constitutional Court and the European Court of Human Rights with a request for an interim measure. Where there is no likelihood of a human rights violation, the requests for interim measures will not be accepted and the deportation order will still be enforced.
An action against a deportation order must be filed with the administrative court within 7 days of notification of the order to the foreigner. Although the time limit for actions before administrative courts is generally 60 days, a special time limit of 7 days has been set for these actions.
Yes. If an action is filed with the administrative court, the deportation is not carried out until the end of the case and the foreigner stays in Türkiye for the duration of the case. In practice, information that an action has been filed is placed in the foreigner's file at the Removal Centre where they are held.
Yes, administrative court decisions on deportation are final, and the ordinary stages of proceedings end with that decision. If the court does not annul the deportation, the order is enforced and the foreigner is deported.
An individual application does not by itself stop the deportation. However, where the foreigner's life is in danger, an interim measure suspending the deportation can be requested in the application.
If the Constitutional Court has not issued an interim measure for a foreigner facing a risk of violation of the right to life, an application can be made to the ECtHR. Although applications to the ECtHR from Türkiye are ordinarily made by post, where the deportation would constitute a violation of the right to life under Article 2 of the European Convention on Human Rights, it is possible to apply by fax or via the website.
