Deportation decision
In the Law No. 5683, which has been removed from force (abolished), the deportation procedure provided for as a bullying measure for those who do not fulfill it after an invitation to leave the country has been reorganized in the Supreme Court within a structure based on the decision-making process; difficult-to-understand general expressions that form the focus of discussions have been avoided as much as possible.
19 Of the abrogated Law No. 5683 in question. according to the deportation regulation in the article, he provided for two main reasons for foreigners to be deported; the first is “public security”, the second is “political and contrary to the requirements”. These concepts, the content and boundaries of which are not very clear, have formed the backbone of the deportation process over time, and discussions have always continued, since the implementation is shaped under the broad discretion of the administration.
In the YUKK, the “deportation decision” is of key importance. 53, where the deportation order was issued.considering that the article was removed from the text for a moment, it will be seen that the basis of the deportation provisions that were consoling later disappeared. Therefore, it is an absolute condition that the deportation procedure is based on a decision. In the law, the deportation section begins by granting the administration the right to deport foreigners, but it is stated that this can be done with a deportation order:
“Foreigners may be deported to their country of origin or transit destination or to a third country by a decision of deportation.”
According to the text of the article, the mandatory elements of the deportation procedure are as follows:
a)Not being a Turkish citizen
For deportation proceedings to be initiated, it is a requirement that the person subject to the proceedings be a legal foreign national. 52 Of the YUKK about a person who has Turkish citizenship, has not already renounced or has not been renounced. there is no possibility to make transactions within the scope of the article.
b)Deportation Decision Taken
The deportation decision taken by the administration in accordance with the legislation on this issue is the second element of the process. Deportation proceedings will be initiated with an unwritten and undeclared order. The details of the decision are the title of the next article and will be reviewed when appropriate.
c)Determining the Country of Destination
It is a priority for the foreigner to be sent to his/her own country during the deportation process. The text given above is 52. as can be seen in the article, deportation to the country where he will use transit or to a third country is introduced as the second and third options. First of all, it is clear that the use of the phrase ”country of origin” is intended for a purpose. The written or general practices of international migration law also reveal that the natural structure of the application is in this way.
The term “country of origin” is defined in migration literature as “the country that is the source of migration flows, whether regular or irregular.” Considering that the foreigner who is the subject of deportation has become a part of irregular migration, the country of origin is the country where the foreigner is a national, a citizen. The legislator’s preference for the phrase ”country of origin“ instead of the phrase ”country” is for the purpose of expanding the scope of the concept. Because the country where the foreigner has resided for a long time or has the right to reside is considered their country of origin.
The process of deportation, the removal of foreigners who do not want to stay in the country, outside the borders of the country is quite clear. The reasons for this transaction are; violating the visa period, working without permission, etc. it may be failure to comply with administrative orders, or it may also be involvement in judicial crimes that pose a serious threat to public order and security or public health. In this case, the fact that the deportation of foreigners to countries other than their own country has become a common practice, such practices may also lead to the perception of “hiding people from that country”, which over time has the potential to damage the relations based on goodwill and trust between the two countries. Dec. Moreover, for deportation to a third country to be considered, valid reasons must be established. Some of these reasons include:
a)Failure to provide these documents within a reasonable period of time despite contacting the representative offices of the country where the foreigner is a national in order to complete the deficiencies in the travel documents,
b) Difficulties in creating travel programs related to the foreigner’s country due to their geographical distance and transportation network problems,
c)The foreigner’s insistence on not wanting to return to his country for justified reasons
If the person who has been decided to be deported is going to be sent to a third country and not to his own country, it is very important to make sure that he will be accepted by the authorities of this country.