Legal Procedures Against Deportation and Administrative Detention Decisions in Turkey

Introduction

Foreign nationals living in Türkiye may, under certain circumstances, become subject to a deportation (removal) decision or administrative detention decision. These measures are primarily regulated by Law No. 6458 on Foreigners and International Protection (YUKK). The Presidency of Migration Management states that deportation decisions are issued by governorships when the statutory conditions are met. (Göç İdaresi Başkanlığı)

For foreigners facing deportation or detention, understanding the available legal remedies and acting within the applicable deadlines can be critical. Cosmos Legal Law Firm provides legal consultancy and representation for foreign nationals facing immigration-related administrative decisions in Türkiye, including deportation and administrative detention proceedings.

What Is a Deportation Decision in Türkiye?

A deportation decision is an administrative decision requiring a foreign national to leave Türkiye. Under Article 54 of Law No. 6458, various circumstances may lead to such a decision. These include certain violations concerning residence permits, visas, entry and exit requirements, unauthorized employment, false documents, and circumstances considered to constitute a threat to public order, public security, or public health. (Göç İdaresi Başkanlığı)

The administration must assess the individual circumstances and the applicable legal provisions before issuing the decision. Therefore, a foreign national who receives a deportation decision should carefully examine the legal grounds stated in that decision.

Cosmos Legal Law Firm assists clients in reviewing deportation decisions, assessing the stated grounds, collecting relevant documentation, and determining the appropriate legal procedure.

Challenging a Deportation Decision

A foreign national, their legal representative, or their lawyer may challenge a deportation decision before the competent administrative court. According to the Presidency of Migration Management, the application must generally be made within fifteen days from notification of the deportation decision. The authority that issued the decision must also be informed that judicial proceedings have been initiated. (Göç İdaresi Başkanlığı)

Because the applicable deadline is short, obtaining the decision and determining the date of notification are particularly important.

Cosmos Legal Law Firm may assist foreign nationals with:

• Reviewing the deportation decision;
• Identifying the legal grounds for removal;
• Assessing the available judicial remedies;
• Preparing petitions and supporting evidence;
• Filing the appropriate legal action;
• Following the administrative court proceedings;
• Communicating with relevant administrative authorities.

Circumstances That May Be Relevant to a Deportation Case

A deportation case should be assessed according to the individual circumstances of the foreign national. Relevant information may include:

• The person's immigration history in Türkiye;
• Residence permit applications and previous permits;
• Visa and entry records;
• Employment status;
• Family relationships in Türkiye;
• Property or business connections;
• Previous administrative decisions;
• Criminal or administrative records where legally relevant;
• Medical or humanitarian circumstances;
• Documents concerning the person's country of origin.

Certain circumstances may also fall within Article 55 of Law No. 6458, under which a removal decision is not to be issued in specified situations, including serious indications of a risk of death penalty, torture, or inhuman or degrading treatment in the country of return, as well as certain serious health, age, pregnancy, trafficking, or serious violence circumstances. (Göç İdaresi Başkanlığı)

Administrative Detention Pending Deportation

A deportation decision and administrative detention are legally distinct measures. A foreign national subject to a deportation decision may also be placed under administrative detention where statutory conditions exist.

According to the Presidency of Migration Management, administrative detention may apply in circumstances such as a risk of absconding or disappearing, violations concerning lawful entry or exit, use of false documents, failure to leave Türkiye within the permitted period without an acceptable reason, or circumstances involving public order, public security, or public health. (Göç İdaresi Başkanlığı)

Persons subject to administrative detention are held in removal centres.

Duration of Administrative Detention

Under the information published by the Presidency of Migration Management, administrative detention for removal purposes generally cannot exceed six months. In certain circumstances, where removal cannot be completed because the foreign national fails to cooperate or provides incorrect or false information concerning their country, the period may be extended by up to an additional six months. The necessity of continuing detention is also subject to regular review. (Göç İdaresi Başkanlığı)

The legal circumstances surrounding continued detention should therefore be examined separately from the underlying deportation decision.

Challenging an Administrative Detention Decision

Foreign nationals placed under administrative detention, as well as their legal representatives or lawyers, may challenge the detention decision before the competent Criminal Judgeship of Peace.

The Presidency of Migration Management states that the judge is to finalize the assessment within five days. An application against administrative detention does not itself suspend the detention, and the decision of the Criminal Judgeship of Peace is final under the procedure described by the administration. A further application may be made where the conditions justifying detention have changed or no longer exist. (Göç İdaresi Başkanlığı)

Cosmos Legal Law Firm provides legal assistance in evaluating administrative detention decisions and preparing the necessary legal applications.

Legal Protection and Effective Remedies

Immigration-related decisions can have serious consequences for a foreign national's ability to remain in Türkiye. Turkish constitutional jurisprudence has also addressed questions concerning effective remedies in deportation proceedings. In a 2019 pilot-judgment procedure, the Constitutional Court examined the effectiveness of judicial protection against deportation in the context of the legal framework applicable at that time. (Anayasa Mahkemesi)

Accordingly, each case should be evaluated not only in terms of the underlying immigration issue but also in terms of the procedural safeguards and remedies applicable to the particular decision.

Legal Assistance Provided by Cosmos Legal Law Firm

Cosmos Legal Law Firm offers legal services to foreign nationals dealing with deportation and administrative detention matters in Türkiye.

Depending on the circumstances, these services may include:

• Legal consultation concerning deportation decisions;
• Examination of administrative detention decisions;
• Review of immigration and residence documents;
• Preparation of petitions and legal submissions;
• Representation in relevant judicial proceedings;
• Assistance with administrative applications;
• Evaluation of family, employment, property, and other relevant circumstances;
• Legal assistance concerning related immigration procedures.

For individuals who are already being held in a removal centre, timely legal assessment can be particularly important because the applicable procedures and deadlines may be different from ordinary immigration applications.

Humanitarian and International Protection Considerations

Certain foreign nationals may have circumstances requiring additional legal assessment, particularly where return to their country could raise issues concerning serious harm or international protection. Turkish law contains specific provisions concerning situations in which removal should not be carried out, while international protection procedures have their own legal framework and appeal mechanisms. (Göç İdaresi Başkanlığı)

These matters should not automatically be treated as ordinary residence permit cases. The foreign national's individual circumstances and the specific administrative decision should be examined before determining the appropriate legal procedure.

Why Timely Legal Assistance Matters

Deportation and administrative detention procedures can involve short deadlines and significant consequences. A foreign national should therefore obtain a copy of the relevant decision, determine when it was notified, and seek legal advice promptly.

Cosmos Legal Law Firm can review the available documents, explain the applicable legal procedures, and assist foreign nationals in pursuing the remedies available under Turkish law.

Conclusion

Deportation and administrative detention are important areas of Turkish immigration law. Foreign nationals subject to these measures may have legal remedies, but the applicable procedure depends on the type of decision, the circumstances of the case, and the relevant statutory deadlines.

Cosmos Legal Law Firm provides legal consultancy and representation for foreign nationals facing deportation, administrative detention, immigration disputes, and related administrative proceedings in Türkiye. Through document review, legal assessment, petition preparation, and representation before the relevant authorities and courts, Cosmos Legal Law Firm assists clients in understanding and exercising the legal remedies available to them.