WHAT IS THE DEPORTATION ORDER ?
Deportation is the expulsion from the borders of the country of foreigners whose behavior is considered dangerous for the general security and public order of the country in which they are located and who exhibit behavior contrary to the legislation setting out the migration movement pattern. In accordance with the sovereign authority of states under international law, it is recognized that states have the authority to decide whether a foreign person can enter, stay in the country and be removed from the country.
Within the framework of international law, expulsion (expulsion / deportation) is used as a general concept that deals with the removal of foreigners from the country6 and whether the foreigner has entered the country legally, whether he is in the country legally, the duration of his stay in the country, his legal status, i.e. refugee, asylum seeker, etc. it means the removal of a foreigner from the country, regardless of considerations such as having a status. A deportation order is a legal decision that constitutes the basis for the deportation process.
52 Of the Law on Deportation, Foreigners and International Protection. in its article, it is regulated by saying “Foreigners may be deported to the country of origin or to the country of transit or to a third country by a deportation decision”.
The expulsion of a foreigner from the borders of a country may be carried out on the basis of a judicial decision taken by a court in various countries or an administrative procedure.
WHICH IS THE COMPETENT AUTHORITY TO TAKE THE DEPORTATION DECISION ?
Law on Foreigners and International Protection 53. article 1. according to the regulation contained in the paragraph “The deportation decision is taken by the governorates on the instructions of the General Directorate or ex officio”, governorates The Governorates authorized to take the deportation decision take the deportation decision on the instructions / request of the Directorate of Migration Management as well as they take the deportation decision ex officio. First of all, YUKK 54 for the deportation decision. the existence of the reasons regulated in the article and whether there are obstacles originating from Turkey or originating from the target country that make it illegal to expel a foreigner from the country will be evaluated. In order for any examination to be made about the destination country, it is necessary to determine the country or possible countries to which the foreigner can be sent. The sending of a foreigner to the border of another country is not limited only to the sphere of influence of national institutions and organizations and people in the country who make decisions, it constitutes a process consisting of a complex network of relations including target country actors and international institutions and organizations coming out of this sphere of influence. In this regard, beyond the fact that the administrative authority authorized to make the decision suggests only protecting public order, many institutions, individuals and communities are now involved in the process, and the impact of all these actors on the process is also being examined by the competent authority. As a result of this, it can be said that the deportation decision is an administrative procedure that requires expertise and that a specialized public institution is needed in this field. It is arranged that the governorates designated as the competent authority to make the deportation decision will take the decision ex officio or on the instructions of the Directorate of Migration Management.
Deportation Decision
It is applied to those who violate the reasons regulated in Article 54 of the Supreme Court. According to the explicit wording of the law, this decision can only be taken by the governorates. The evaluation and decision phase of the deportation decision takes a maximum of 48 hours.
Deportation Decision Will Be Taken
In case one or more of the situations mentioned in Article 54 of the law occur, it is obligatory for the governor’s office to take a deportation decision, provided that the provisions of Article 55 of the Supreme Court are reserved.
The following are the persons listed in the first paragraph of Article 54 of the CCP and a deportation decision is taken against them.
1)
a) Those who are assessed as having to be deported within the scope of Article 59 of the Law No. 5237 (m.54/1-a),
b) Those who are directors, members or supporters of a terrorist organization or a criminal organization for purposes of interest (m.54/1-b),
c) Those who use unreal information and fake documents in transactions for entry, visa and residence permits to Turkey (m.54/1-c),
ç) Those who provide their livelihood in illegitimate ways during their stay in Turkey (m.54/1-o),
d) Those who pose a threat to public order or public safety or public health (m.54/1-d),
e) Those who exceed the visa or visa exemption period by more than ten days or whose visa has been cancelled (m.54/1-e),
f) Those whose residence permits have been cancelled (m.54/1-f),
g) Those who have a residence permit and violate the duration of the residence permit for more than ten days without acceptable justification from the expiration of its term (m.54/1-g),
d) Those who are found to be working without a work permit (m.54/1-d),
h) Those who violate the provisions of legal entry into Turkey or legal exit from Turkey (m.54/1-h),
i) Those who have been found to have come to Turkey despite the fact that there is a ban on entry to Turkey (m.54/1-i),
k) Those whose application for international protection has been rejected, those who are excluded from international protection, those whose application for international protection has been deemed inadmissible, those who have withdrawn their application for international protection, those whose application for international protection has been deemed withdrawn, those whose international protection status has expired or been revoked do not have the right to stay in Turkey in accordance with the other provisions of Law No. 6458 after the last decision made against them (m.54/1-i),
j) Those whose applications for extension of residence permit are rejected, those who do not leave Turkey within ten days (m.54/1-j).
k) (Oct.: 3/10/2016-Decree Law-676/36 art. ; Accepted in kind: 1/2/2018-7070/31 md.) Those who are assessed to be associated with terrorist organizations defined by international institutions and organizations
2) (Changed: 3/10/2016-Decree Law-676/36 art.; Accepted in kind: 1/2/2018-7070/31 md.) A deportation decision may be taken at any stage of international protection proceedings against an international protection applicant or persons with international protection status who are assessed to be within the scope of subparagraphs (b), (d) and (k) of the first paragraph of this article.
No Deportation Decision Will Be Taken
even if they are within the scope of article 54, no deportation decision shall be taken against the following foreigners:
a) Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country where they will be deported (m.55/1-a),
b) Those who are considered risky to travel due to serious health problems, age and pregnancy status (m.55/1-b),
c) Those who do not have the possibility of treatment in the country where they will be deported while their treatment for life-threatening diseases is ongoing (m.55/1-c),
d) Victims of human trafficking who benefit from the victim support process (m.55/1-o),
e) Victims of psychological, physical or sexual violence until their treatment is completed (m.55/1-d).
the assessment of whether they are within the scope of Article 55 is carried out separately for each foreigner. In order for these foreigners to stay in the country, they may be granted a humanitarian residence permit in accordance with Article 46 of the YUKK, and these people may also be asked to reside at a certain address and to provide notification in the desired ways and periods.
If these situations come to an end, a deportation decision will be taken against these foreigners.
Judicial Remedy Against Deportation Decision
The deportation decision shall be notified to the foreigner or his legal representative or lawyer for whom the deportation decision has been taken together with the reasons. If the foreigner against whom the deportation decision has been taken is not represented by a lawyer, he or his legal representative shall be informed about the result of the decision, the procedures and the duration of the appeal.
Application to the administrative court and its characteristics:
The foreigner or his/her legal representative or lawyer may apply to the administrative court against the deportation decision within seven days from the notification of the decision.
The person applying to the court shall also inform the authority making the deportation decision of his/her application.
Applications to the court are finalized within fifteen days.
The decision made by the court is final.
Provided that the consent of the foreigner is withheld, the foreigner shall not be deported within the period of filing a lawsuit or until the conclusion of the trial, if a judicial remedy is applied.
Invitation to Leave Turkey
For those who have been decided to be deported, a period of up to thirty days, at least fifteen days, is allowed for them to leave Turkey, provided that it is specified in the deportation decision.
Persons who have been granted a time limit for exit from Turkey are given an “Exit Permit Document” that is not subject to any fees.
From those who are invited to leave Turkey, an entry ban decision may not be taken on those who leave the country during the period.
Foreigners who do not leave Turkey within the period are placed under administrative supervision.
The following persons are not invited to leave Turkey and the above-mentioned period is not applied to them:
a) Those who are at risk of escape and disappearance,
b) Those who violate the legal entry or legal exit rules,
c) Those who use fake documents,
d) Those who try to obtain a residence permit with unsubstantiated documents or those who are found to have obtained one,
e) Those who pose a threat to public order, public security or public health.
Administrative Supervision for Deportation and its Duration
Administrative Supervision Decision
Administrative supervision decision is taken by the governor’s office about the following ones from whom deportation decision is taken:
Those who are at risk of running away and getting lost,
Those who violate the rules of entry or exit to Turkey,
Those who use fake or unsubstantiated documents,
Those who do not leave within the recognized time to leave Turkey without an acceptable excuse,
Those who pose a threat to public order, public safety or public health.
Those who have administrative supervision decisions taken against them are kept in Repatriation Centers (GGM).
The period of administrative supervision at the GGM cannot exceed six months. However, this period may be extended for a maximum of six more months if the deportation procedures cannot be completed due to the foreigner’s non-cooperation or failure to provide accurate information or documents about his country.
Whether there is a necessity for the continuation of administrative supervision is regularly evaluated by the governor’s office every month. If necessary, a period of thirty days is not expected.
Those who are deemed not to be necessary during the continuation of administrative supervision are immediately notified to the Ministry. If the ministry deems it appropriate, the administrative supervision decision on the foreigner will be lifted. Alternative obligations to administrative supervision are imposed on these foreigners in accordance with Article 57 / A of the law.
The following alternative obligations to administrative supervision may be imposed on the foreigners listed in the second paragraph of Article 57 of the YKK numbered 6458 or on foreigners whose administrative supervision has been terminated.
A) Residence at a specific address
B) No notification
C) Family-based repatriation
Ç) Return consultancy
D) Taking part in public benefit services on a voluntary basis
E) Collateral
F) Electronic monitoring
In case one or more of the alternative obligations to administrative supervision are imposed on the foreigner, this period cannot exceed 24 months.
Foreigners who do not apply alternative measures to administrative supervision may be placed under administrative supervision.
A foreigner or his legal representative or lawyer who is subject to the obligation of electronic monitoring may apply to the Criminal Judge of Peace against this decision. The application does not stop the administrative obligation to which the foreigner is subjected. The Criminal Magistrate shall conclude the examination within five days. The decision of the Criminal Judge of Peace is final.
Voluntary Return
In-kind or cash support may be provided to persons deemed appropriate by the Directorate General from irregular migrants who have been subject to a deportation decision and wish to voluntarily return to their country of origin.
Studies on the voluntary return of irregular migrants can be carried out in cooperation with international organizations, public institutions and organizations, as well as non-governmental organizations.
Judicial Remedy against the Administrative Supervision Decision
The administrative supervision decision, the extension of the administrative supervision period and the results of the evaluations carried out regularly every month are notified to the foreigner or his legal representative or lawyer together with the reasons. At the same time, if the person placed under administrative supervision is not represented by a lawyer, he or his legal representative is informed about the result of the decision, the procedures for appeal and their duration.
Application to the criminal judge of peace:
The person placed under administrative supervision or his legal representative or lawyer may apply to the criminal judge of peace against the administrative supervision decision.
The application does not stop administrative supervision.
If the petition is submitted to the administration, the petition is immediately delivered to the competent criminal magistrate.
The criminal magistrate shall conclude the examination within five days.
The decision of the criminal judge of peace is final.
The person or his legal representative or lawyer who has been placed under administrative supervision may apply to the criminal judge of peace again with the claim that the conditions of administrative supervision have disappeared or changed.
From those who apply to the judicial route against the administrative supervision procedure, to those who do not have the opportunity to cover attorney fees, attorney service is provided according to the provisions of the Attorney Law dated 19/3/1969 and numbered 1136 upon their requests.
Execution of the Deportation Order
Foreigners in the repatriation center are taken to the border gates by the law enforcement unit.
Foreigners who will be deported without the need to be sent to repatriation centers are taken to the border gates by law enforcement units under the coordination of the provincial organization of the General Directorate.
The Directorate General may also cooperate with international organizations, relevant country authorities and non-governmental organizations regarding deportation procedures.
Travel Expenses of the Foreigner to be Deported
Foreigners’ passports or other documents may be kept until they are deported, and their tickets may be converted into money for use in deportation proceedings.
It is essential that the travel expenses of foreigners to be deported are covered by them.If the foreigner’s existing money is enough to cover the travel expenses, all the travel expenses are covered by him/her and the increased amount is left to the foreigner. If the foreigner does not have any money, the living expenses are covered by the general directorate. However, if the foreigner has some money and his current money is not enough to cover all the travel expenses,;
1) Travel expenses are covered by the General Directorate, and the foreigner’s available money is left to him/her with enough amount to meet the basic needs of foreigners to be deported, determined by the General Directorate at the beginning of each financial year, and the increased portion is recorded as income to the Treasury in exchange for travel expenses.
2) If the foreigner’s current money is less than enough to meet the basic requirements, the entire travel cost will be covered by the General Directorate and his current money will be left to him.
Foreigners may not be allowed to enter Turkey unless their out-of-border travel expenses are paid back. If no other ban has been placed on the foreigner, the restriction is lifted on condition that he pays the costs and he is allowed to enter our country within the framework of the general provisions of the visa.
Expenses incurred due to deportation are public receivable in accordance with the first article of law No. 6183 and will be collected by finance tellers. In accordance with Article 104 of the Law No. 6183 on the Procedure for Collecting Public Receivables, since the debtor is located in a foreign country, the statute of limitations will not apply for this receivable. For this reason, there is no obstacle to entering an indefinite restriction about a foreigner.
Natural or legal persons are obliged to pay the costs of deportation of foreigners whose stay or return they guarantee.The provisions of paragraph 5 and article 9 of Article 23 of the International Labor Law No. 6735 on the obligations of employers or employer’s deputies who employ a foreigner without permission regarding the foreigner’s deportation procedures are applied. Within the framework of this provision, an employer or employer’s representative who employs a foreigner who does not have a work permit is fined 6 thousand TL for each foreigner. The employer or the employer’s representative must cover the accommodation expenses of the foreigner who does not have a work permit and his/her spouse and children, if any, the necessary expenses for their return to their country, and medical expenses if necessary. If these expenses, expenses and expenses are covered from the budget of the General Directorate of Migration Management, the amounts paid in accordance with this article shall be collected from the employer or employer’s representative in accordance with the Law No. 6183 dated 21/7/1953 on the Collection Procedure of Public Receivables. The procedures and principles regarding the implementation of this paragraph shall be determined jointly by the Ministry of Interior and the Ministry.