A) OVERVIEW
In the 2019 International Migration Statistics report of TUIK, it was stated that the number of people who migrated to Turkey from abroad increased 17.2 % compared to the previous year and reached 677.042 people. The deportation procedure, which appears in connection with the aforementioned “immigrant”, “refugee” and “asylum seeker” statuses, which remains up-to-date in our country, is regulated between Articles 52 and 60 of Law on Foreigners and International Protection numbered 6458 (“LOFIP”).
B) DECISION OF DEPORTATION
Deportation is a decision that allows foreigners to be forcibly removed from the country. The power to take a deportation decision is one of the exclusive powers granted to states by the international law.
The deportation decision for a foreigner who violates one of the reasons listed in Article 54 of the LOFIP can be taken by the governorates, and the governorate can also use this authority through the General Directorate of Migration Management. In addition, a deportation decision cannot be taken for persons covered by Article 55, even if the conditions of Article 54 are met.
Pursuant to Article 53/2 of the LOFIP the deportation decision, together with its concrete and objective reasons, must be communicated to the foreigner, his legal representative or lawyer, in a language that the foreigner can understand, and the foreigner must be informed about the reasons for the deportation decision, the requirements of the decision, the objection procedures and durations.
C) INVITATION TO LEAVE THE COUNTRY
The foreigner, for whom a deportation decision has been taken, is given a period of up to thirty days, not less than fifteen days, to leave the country, provided that it is stated in the deportation decision, and an “Exit Permit” is given. In this way, an entry ban decision may not be taken for those who are invited to leave Turkey. Foreigners who do not leave Turkey within the prescribed period may be placed under administrative detention.
D) JURISDICTION AGAINST DEPORTATION DECISION
As stated in Article 53/3 of the LOFIP, the foreigner, his legal representative or lawyer, can apply to the administrative court of the place where the governor’s office is located, against the deportation decision, within seven days from the notification of the decision. The applicant must notify the authority that issued the deportation decision of his application. The court must conclude the objection within 15 days and the decision is final. The foreigner cannot be deported during the said period of litigation and in case of resorting to a judicial remedy, provided that his consent is reserved, and the conclusion of the proceedings must be awaited.
E) VOLUNTARY RETURN
Pursuant to Article 60/A of the LOFIP, in-kind or cash support can be provided to persons who have been deported, who wish to return voluntarily to their country of origin and whom the General Directorate of Migration Management deems appropriate.
F) FULFILLMENT OF THE DEPORTATION ORDER
Foreigners in the removal center are taken to the border gates by the law enforcement unit. Foreigners who will be deported without the need to be sent to removal centers are taken to the border gates by law enforcement units under the coordination of the provincial organization of the General Directorate of Migration Management.
G) CONCLUSION
The Law on Foreigners and International Protection No. 6458 is very linked to Human Rights Law and the status of “immigrants”, “refugees” and “asylum seekers”, especially recently. It has been the subject of many changes, most notably the 2019 amendment and” deportation ” has been brought closer to international criteria in various respects, taking into account human values and international agreements.
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R. Furkan ÖZTÜRK (Apprentice Attorney at Law)
Uçar Law & Consultancy Office
