What Are The Reasons Of Deportation From Turkey?

Deportation is a legal process through which individuals are removed from a country and sent back to their home country or another specified destination. In the context of Turkey, some specific circumstances and actions can lead to deportation. Understanding the reasons for deportation, the consequences it entails, and how to prevent it are essential for individuals residing in Turkey. This article provides a comprehensive guide on what can get you deported from Turkey, what happens during deportation and removal, how to prevent deportation, and the legal assistance available.

Key Points of the Article

• Deportation in Turkey is triggered by factors like visa violations and criminal offences.
• The deportation process can involve legal summons and potentially, administrative detention.
• Consequences of deportation include inadmissibility, losses, family separation, and stigma.
• Prevention measures include adhering to immigration laws and seeking legal advice.
• Viridis Legal Partners provides legal guidance throughout the deportation process.

Understanding Deportation From Turkey

Deportation from Turkey refers to the process of expelling individuals who have violated Turkish laws, overstayed their visas or for some other reasons. The Turkish government has established regulations and criteria to determine when deportation is necessary. It is crucial to be aware of these regulations to avoid any actions that may lead to deportation.

Reasons For Deportation

Reasons, why individuals may face deportation, are exhibited in Article 54 of Law No. 6458. It is important to note that these reasons are subject to Turkish immigration laws and may vary in severity. Some reasons for deportation that come to mind are:

1. Visa Violations

Overstaying a visa or engaging in activities not permitted under the visa conditions can lead to deportation. This includes working without a work permit, studying without a student visa, or engaging in illegal activities.

2. Criminal Offenses

Committing criminal offences, especially those related to drugs, violence, fraud, or terrorism, can result in deportation.

3. National Security Concerns

Individuals who pose a threat to the national security of Turkey may be deported. This includes individuals involved in espionage, terrorism, or activities that jeopardize public safety.

4. Violation of Immigration Laws

Any violation of Turkish immigration laws, such as providing false information or using forged documents, can lead to deportation.

4. Public Health Risks

Individuals who pose a significant risk to public health, including those with contagious diseases, may be subject to deportation.

According to Article 54 of Law No. 6458, The persons whom a deportation decision may be issued against are listed below:

Although the above-mentioned reasons may appear certain persons listed below can not be deported by the Genova Convention and Article 55 of Law No. 6458

Law clearly states at this point; nevertheless, these persons cannot be deported; they may be subject to administrative obligations such as residence in a designated address and reporting to authorities in the form and intervals requested.

Deportation Decision And Appeal Against It

According to; Article 53 of Law No. 6458; deportation decisions shall be taken by the General Directorate of Migration Management or ex officio by governorates. The decision and its basis were notified to the foreigner, his or her legal representative or his or her lawyer. It is quite significant at this point to seek legal advice and representation.

The appeal against the decision must be to the administrative court within seven days of the date of notification. The court establishes its decision within fifteen days and it is final. The appellant also must inform the administrative authority which renders the deportation decision. The objection suspends the deportation process however, the consent of the concerned foreigner is an exception.

Deportation Process

Summons To Leave Turkey

In accordance with Article 53 of Law No. 6458; a certain period no fewer than fifteen days and no longer than thirty days is given to foreigners to leave Turkey. It is stated clearly in the deportation decision. The given document is called the “Departure Permission Document ”. This document is given free of any charge. However, visa and residence fees and obligations arising from penalties of such fees are reserved.

This period is not be granted to ones who may abscond or disappear, who violate rules for lawful entry and exit, who use fraudulent documents, who attempt to obtain or who have been identified as having obtained a residence permit with fraudulent documents, and who constitute a threat to public order and public security or public health.

Administrative Detention

It is stressed that those for whom a deportation decision has been taken may be placed under administrative detention by the decision of the governorate. Such persons are detained in removal centres.

Persons who will be subject to administrative detention;

The administrative detention period in removal centres cannot exceed six months. However, in case the deportation procedures cannot be completed due to noncooperation or misinformation or false documents provided by the foreigner regarding his or her country, this period may be extended for a maximum of six additional months.

Whether it is necessary for the continuation of the administrative detention, is re-evaluated regularly every month by the governorate. In case administrative detention is considered no longer deemed to be necessary, administrative detention is immediately ended. Foreigners whose administrative detention is ended may be subject to obligations such as residence in a designated address and reporting to authorities in the form and periods requested.

The administrative detention decision, the extension decision of the period of administrative detention and the results of the monthly assessments and their basis are notified to the foreigner, his or her legal representative or his or her lawyer. It is significant to seek legal consultancy at such points. An appeal can be made against the administrative detention decision to the Magistrates’ Court judge. The appeal does not halt the execution of the administrative detention. The Magistrates’ Court judge concludes the review within five days. The decision of the Magistrates’ Court judge is final.

Consequences Of Deportation

Deportation from Turkey carries various consequences for the individuals involved. These consequences can have a long-lasting impact on their personal and professional lives. Some common consequences of deportation include:

Inadmissibility

Deported individuals may be deemed inadmissible to enter Turkey for a specified period or permanently. This can hinder future travel or immigration plans.

Travel Expenses and Losses

Deportees are often responsible for their travel expenses back to their home country. Additionally, they may face financial losses due to interrupted employment or business activities.

Family Separation

Deportation can result in the separation of families, causing emotional distress and disrupting family dynamics.

Stigma and Reputation Damage

Being deported can carry a social stigma and negatively impact an individual’s reputation, both within their home country and internationally.

How To Prevent Deportation

Preventing deportation involves understanding and adhering to Turkish immigration laws and regulations. By following these guidelines, individuals can significantly reduce the risk of facing deportation. Here are some preventive measures to consider:

Maintain a Valid Visa and Residency Permit

Ensure that your visa and residency permit are valid and comply with the conditions set by the Turkish government.

Follow Immigration Rules and Regulations

Adhere to all immigration rules and regulations, including restrictions on employment, study, and other activities specified in your visa or residency permit.

Seek Legal Advice

Consult an immigration lawyer or expert to ensure that you fully understand and comply with Turkish immigration laws.

Report Change of Circumstances

Inform the relevant authorities about any changes in your circumstances, such as a change of address or marital status.

Keep Updated on Immigration Policies

Stay informed about changes in Turkish immigration policies and regulations to avoid unintentional violations.

Legal Help with Deportation

In cases where deportation is imminent or has already occurred, seeking legal help is crucial. Experienced immigration lawyers can provide guidance and representation throughout the deportation process. Some ways in which legal professionals can assist include:

Assessing the Case

Immigration lawyers assess the individual’s circumstances and identify potential legal strategies to challenge deportation orders.

Representation in Hearings

Lawyers can represent individuals during deportation hearings, presenting a strong case to contest the deportation decision.

Exploring Legal Options

Legal professionals explore alternative legal options, such as appeals or applications for waivers, to prevent or mitigate deportation consequences.

Conclusion

Deportation from Turkey is a serious matter with significant consequences for individuals. Understanding the reasons for deportation, the deportation process and preventive measures are essential for anyone residing in Turkey. By adhering to immigration laws, seeking legal advice when necessary, and staying informed, individuals can minimize the risk of deportation and protect their rights and future in Turkey.

Frequently Asked Questions (FAQS)

What are the consequences of overstaying a visa in Turkey?

Answer: Overstaying a visa in Turkey can lead to fines, penalties, and potential deportation. It is essential to abide by the visa validity and adhere to the conditions specified.

Can marriage to a Turkish citizen prevent deportation?

Answer: Marriage to a Turkish citizen does not automatically guarantee immunity from deportation. While it may have some influence on deportation decisions, it is not an absolute safeguard.

Is it possible to reenter Turkey after being deported?

Answer: In most cases, individuals who have been deported from Turkey are deemed inadmissible for a certain period. Reentry may be possible after the inadmissibility period has elapsed or with the appropriate legal procedures.

Are there any waivers available for deportation cases?

Answer: In certain circumstances, individuals facing deportation may be eligible for waivers or exceptions. Consultation with an immigration lawyer is crucial to explore these options.

Can a deportation order be challenged?

Answer: Yes, individuals can challenge deportation orders through legal means. It is advisable to seek assistance from an immigration lawyer to navigate the complex legal process.