Deportation Process
The deportation process in Turkey is regulated between Articles 52 and 60 under the "Deportation" section of the Second Part titled "Foreigners" of Law No. 6458 on Foreigners and International Protection.
Deportation Decision
Deportation decisions are applied to those who violate the reasons stipulated in Article 54 of the Law. According to the explicit wording of the Law, this decision can only be made by governorates. The assessment and decision-making phase of deportation does not exceed 48 hours.
-Subjects of Deportation Decision
If one or more of the situations listed in Article 54 of the Law occur, with the exception of the provisions of Article 55 of the Law on Foreigners and International Protection, it is mandatory for the governorate to make a deportation decision.
The following individuals are those covered under the first paragraph of Article 54 of the Law and are subject to deportation:
1. Those deemed necessary to be deported according to Article 59 of Law No. 5237 (a.54/1-a).
2. Individuals who are leaders, members, or supporters of a terrorist organization or a benefit-oriented criminal organization (a.54/1-b).
3. Individuals who provide false information and use fake documents during entry, visa, and residence permit procedures (a.54/1-c).
4. Individuals who have made their living through illegitimate means during their stay in Turkey (a.54/1-ç).
5. Individuals posing a threat to public order, public security, or public health (a.54/1-d).
6. Individuals who have exceeded the visa or visa exemption period by more than ten days or whose visas have been canceled (a.54/1-e).
7. Individuals whose residence permits have been canceled (a.54/1-f).
8. Individuals who, after the expiration of their residence permit, have exceeded the permitted duration by more than ten days without acceptable grounds (a.54/1-g).
9. Individuals found to be working without a work permit (a.54/1-g).
10. Individuals who breach the terms and conditions for legal entry into or exit from Turkey (a.54/1-h).
11. Individuals who have entered Turkey despite an entry ban to Turkey (a.54/1-i).
12. Individuals whose international protection claims have been refused, excluded from international protection, deemed inadmissible, withdrawn their application or considered withdrawn, or whose international protection status has ended or been canceled, provided that they no longer have the right to stay in Turkey after the final decision according to other provisions of this Law (a.54/1-i).
13. Individuals who fail to leave Turkey within ten days when their residence permit renewal application is rejected (a.54/1-j).
14. Individuals who are deemed to be associated with terrorist organizations as defined by international institutions and organizations (added by: 3/10/2016-Decree Law-676/36 art.; Adopted verbatim: 1/2/2018-7070/31 art.).
-Deportation Exemptions
Even if they fall under Article 54, the following foreigners are not subject to deportation:
1. Those who would face serious risks such as death penalty, torture, inhuman or degrading treatment in the country of deportation (a.55/1-a).
2. Those deemed risky to travel due to serious health issues, age, or pregnancy (a.55/1-b).
3. Those for whom treatment is not available in the country of deportation for life-threatening illnesses while treatment is ongoing (a.55/1-c).
4. Human trafficking victims benefiting from victim support processes (a.55/1-ç).
5. Victims of psychological, physical, or sexual violence until their treatment is completed (a.55/1-d).
The assessment of whether they fall under Article 55 is made separately for each foreigner. These foreigners may be granted humanitarian residence permits under Article 46 of the Law, and they may be asked to reside at a specified address and make notifications in the required manner and intervals. Deportation decisions will be made for these individuals once these situations come to an end.