What Is An Expulsion Decision? How To Object It?
1- Qualification of the expulsion decision
For foreigners in our country, it may be decided to send them out of the country when certain conditions are met. The expulsion decision of a foreigner, known as "deport" in practice, is an administrative decision. An expulsion decision covers not only deportation but also a ban on entry to the country to which the foreigner is deported for a certain period of time.
2- Who are the foreigners for whom an expulsion decision will be applied?
Foreigners for whom an expulsion decision will be taken are listed in Law 6458 on Foreigners and International Protection (LFIP). Accordingly;
- Those who are considered for deportation within the scope of Article 59 of the Turkish Penal Code No. 5237,
- Those who are managers, members, or supporters of a terrorist organization or managers, members, or supporters of a profit-oriented criminal organization,
- Those who use insubstantial information and false documents in transactions for entry to Turkey, visas, and residence permits,
- Those who earn their living through illegitimate means while in Turkey
- Those who pose a threat to public order, public security, or public health,
- Those who have exceeded their visa or exemption period for more than ten days or whose visa has been cancelled,
- Those whose residence permits have been canceled,
- Those who have a residence permit, however, violate the residence permit period for more than ten days after its expiration without an acceptable justification,
- Those detected to be working without a work permit,
- Those who violate the provisions of legal entry into or legal exit from Turkey, or those who attempt to violate these provisions
- Those who were found to have come to Turkey despite being banned from entering Turkey,
- Those whose international protection applications have been rejected, who have been excluded from international protection, whose applications have been evaluated as unacceptable, who have withdrawn their applications, whose applications have been deemed withdrawn, whose international protection status has expired or been cancelled, and who do not have the right to stay in Turkey in accordance with the other provisions of this Law after the last decision made about them,
- Among those whose residence permit extension applications were rejected, those who did not leave Turkey within ten days,
- For those who are considered to be associated with terrorist organizations as defined by international institutions and organizations, an expulsion decision will be applied.
Even if they fall under the above-mentioned category, the Act also includes a list of foreign nationals for whom an expulsion judgment cannot be implemented. According to the Act, deportation decisions will not be taken for the following people:
- Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment, or treatment in the country to which they will be deported,
- People whose travel is considered risky due to serious health problems, age, and pregnancy,
- People who are still being treated for life-threatening illnesses and whose treatment is not available in the country to which they will be deported,
- Victims of human trafficking who benefit from the victim assistance process,
- Victims of psychological, physical, or sexual violence until their treatment is completed.
3- Which authority makes the expulsion decision?
The foreign resident's provincial governorship makes the deportation decision ex officio, or the Provincial Immigration Administration may make the request.
4- How does the deportation process work?
When the situations that require deportation listed above occur, the foreigner is caught by law enforcement officers and sent to the Removal Center. The relevant Governorship makes an evaluation about the foreigner within 48 hours and when it decides to deport the foreigner, it notifies this decision to the foreigner or her/his representative. The deportation process begins with the notification of the reasoned decision.
At the beginning of the process, firstly;
- Foreigner is invited to leave the country.
- Persons who do not leave the country voluntarily or who need to be detained compulsorily are placed under administrative detention in removal centers.
- A health checkup is conducted on the foreigner.
Following all these, if an annulment case is not filed with an appeal against the expulsion decision, deportation procedures are carried out.
5- Objection to expulsion decisions and actions of nullity
The objection period against the expulsion decision is 7 DAYS. Within this period, the foreigner or representative against whom an expulsion decision has been made must apply to the Administrative Court to request the annulment of the deportation decision. Although there is a provision in the legislation that the Administrative Court will make a decision within 15 days, in practice this period takes months. It is crucial to note that the court's decisions regarding the expulsion of foreigners are final decisions, and no appeal can be filed against the decision. The only way to appeal against the final decision of the administration is to make an individual application to the Constitutional Court requesting precautionary measures.
6- Result of the expulsion decision
If no objection is made within 7 days of the expulsion decision given by the competent administrative court about the foreigner, the decision becomes final and the deportation process begins. As a result of this decision, the foreigner is sent back to the third safe country or country of residence. In addition, foreigners are banned from entering the country for the periods specified in the legislation.
7- Will the consequences of the expulsion decision be eliminated by marrying a Turkish citizen?
Being married to a Turkish citizen is not enough on its own to stop the implementation of the expulsion decision. The reason for the expulsion decision for the foreigner is the reason mentioned above, regardless of marriage with a Turkish citizen. Marriage does not resolve this reason on its own. Marriage can only facilitate the return of the deported foreigner to the country.
8- How can a deported foreigner re-enter Turkey?
One of the ways for foreigners deported from our country to re-enter our country is the "annotated visa" application. This application allows foreigners who are banned from entering the country and for whom a restriction code has been established to re-enter the country. This visa type is applied for special cases such as student, family reunification, and work permit.
CONCLUSION
The deportation process is a long and arduous process. Irreversible consequences may occur in cases such as missing deadlines or skipping citing reasons that could stop the foreigner's deportation process. Trying to carry out the process with hearsay information or people who present themselves as experts also causes the foreigner to lose her/his rights. In this case, it is important to get support from experts who will carry out the process meticulously.