Deportation of foreigners is also accepted, depending on the authority of states in terms of entry, presence and removal of foreigners within the framework of the principle of territorial sovereignty. In order for a deportation order to be taken against a person, the person must first have the status of a foreigner under the YUKK (Law on Foreigners and International Protection).Being a foreigner is a prerequisite for a deportation order. Article 3/1-(ü) of the YUKK defines a foreigner as “a person who has no citizenship ties with the Republic of Turkey”. The legislator has determined the grounds for deportation according to a binary distinction. Pursuant to Article 54 of the YUKK, it is mandatory to take a deportation decision for some foreigners, whereas it is left to the discretion of the administration whether or not to take a deportation decision for some foreigners, even in the event that the foreseen reasons are determined. Administrative authorities have the authority to take decisions on various issues within the framework of the YUKK. As per Article 53/1 of the YUKK, deportation decision is one of the administrative decisions that may be taken by governorates ex officio or upon the instruction of the Directorate General of Migration Management. If the decision is made by the governorate, the evaluation and decision period cannot exceed 48 hours.
Even if they fall within the scope of Article 54 of the YUKK, the following foreigners shall not be deported:
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 of deportation (Art. 55/1-a),
b) Those whose travel is deemed risky due to serious health problems, age and pregnancy (art.55/1-b),
c) Those who do not have the possibility of treatment in the country of deportation while their treatment for life-threatening diseases is ongoing (Art.55/1-c),
d) Victims of trafficking in human beings who are benefiting from the victim support process (art.55/1-ç),
e) Victims of psychological, physical or sexual violence until their treatment is completed (Article 55/1-d).
The assessment of whether they are within the scope of Article 55 of the YUKK is made 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 they may also be asked to reside at a certain address and to notify in the required manner and periods. In case these conditions expire, a deportation decision will be taken against these foreigners.
Since all acts and actions of the administration are subject to judicial remedy in accordance with Article 125 of the Constitution, administrative decisions taken under the YUKK may also be subject to litigation. The foreigner or his/her legal representative or lawyer may apply to the administrative court against the deportation decision within seven days of the notification of the decision. Pursuant to Article 3230 of the İYUK( Code of Administrative Procedure), the administrative court in the province where the Governorate issuing the deportation decision is located is competent. The person who applies to the court shall also notify the authority that issued the deportation decision of his/her application. Applications to the court shall be finalized within fifteen days.
The decision of the court is final.
Without prejudice to the consent of the foreigner, the foreigner shall not be deported within the period for filing a lawsuit or, in the event of a judicial remedy, until the conclusion of the proceedings. There is an automatic stay of execution of the deportation procedure during the proceedings. Those who are subject to a deportation order shall be given a period of not less than fifteen days and up to thirty days to leave Turkey, provided that it is specified in the deportation order.Persons who are given time to leave Turkey are given an “Exit Permit Certificate”, which is not subject to any fees.
Of those who are invited to leave Turkey, an entry ban may not be imposed on those who leave the country in due time.
Foreigners who do not leave Turkey in due time shall be placed under administrative detention.