ENTRANCE
1-) Conceptual Definitions and Distinctions
Deportation/removal:It is an administrative procedure that removes a foreigner from Türkiye on the grounds
that he/she has entered the country illegally, violated his/her right to stay, or caused public order/security.
Ban on entry:It is an administrative decision that prevents the future entry of a foreigner who has been deported
or removed from Türkiye; its duration and justifications are regulated in the legislation.
Administrative detention / custody:It is the limited detention of foreigners in designated centers
(repatriation centers, etc.) until their deportation process is completed or they leave the country;
alternatives and limits are drawn by legislation.
2-) Legal Basis: Law No. 6458 and Related Regulations
The main text governing the foreigners regime in Türkiye is Law No. 6458 on Foreigners and International
Protection. This law determines the legal regime for deportation, repatriation centers, administrative detention
periods, and entry bans to Türkiye. Articles 53–60 specifically address deportation and detention processes, while
Article 50 and its related explanations address entry bans.
Important application points:- In the deportation decision, the person may be given a period of usually 15–30 days to leave Türkiye; those who do not leave within
the time limit are placed under administrative detention.- The period of administrative detention in repatriation centres cannot generally exceed six months; certain exceptions and extensions
are provided for in the legislation (for example, in case of non-cooperation of the foreigner).
3-) Deportation Process: Procedural and Legal Safeguards
3.1. Detection and Action
The provincial immigration authorities may initiate deportation proceedings in cases where a foreigner violates their legal right to stay,
uses false documents, or is on grounds of public order or security. In some cases (e.g., risk of flight), they may be placed under direct
administrative detention.
3.2. Notification and Exit Period
A deportation decision usually gives a period of at least 15 days to leave Türkiye; those granted the period are
issued an “Exit Permit.” Those who fail to leave despite the deadline are placed under administrative detention.
3.3. Taking Legal Actions
It is possible to appeal against deportation and entry ban decisions through administrative courts. Furthermore, a stay
of execution of administrative proceedings may be requested for urgent legal protection. In practice, differences in
timing, access, and implementation can lead to loss of rights.
4-) Entry Ban to Türkiye: Periods and Implementation Principles
4.1. Standard Times
In cases of violation of the legal right to stay, the entry ban periods are as follows, depending on the duration of the violation:- 3–6 months violation?- 6 months–1 year ?- 1–2 years ?- 2–3 years ?- More than 3 years?
1 month ban
3 months ban
1 year ban
2-year ban
5-year ban
An entry ban can be imposed for a maximum of five years. Following this, a one-time extension of 10 years is possible if
there is a serious threat for the same reason. The total ban cannot exceed 15 years for the same reason.
4.2. Beginning and Effects of the Entry Ban
The entry ban generally begins on the date the foreigner leaves Türkiye. While it is possible to lift the decision or grant
entry permission for a specific period, this authority rests with the administration. In some cases, conditions for prior
entry permission may be imposed.
5-) Administrative Supervision: Conditions, Periods
5.1. Legal framework of administrative detention
Administrative detention is carried out within the framework of minimum practices provided in repatriation centers, such as accommodation,
registration, access to a lawyer, and communication. Law No. 6458 and its implementation guidelines stipulate that individuals have access to
their fundamental rights during detention.
5.2. Time limits and exceptions
As a general rule, the administrative detention period at a removal center cannot exceed six months.
However, regulations stipulate that deportation procedures may be extended due to the foreigner’s lack of
cooperation.
6-) Who is subject to administrative detention?
What are the requirements for an administrative detention order? Who can be subject to an administrative
detention order? As regulated in Article 57 of Law No. 6458, the provincial governor’s office may detain
those who are subject to a deportation order, are at risk of absconding or disappearing, violate entry or exit
rules into Türkiye, use false or unfounded documents, fail to depart Türkiye within the allotted timeframe
without an acceptable excuse, or pose a threat to public order, public security, or public health.
Administrative detention decisions may be made by the
7-) Can the Administrative Detention Decision Be Lifted?
The court that issued the administrative detention order automatically assesses each month whether the conditions of
administrative detention continue. If it determines that the conditions of administrative detention have been eliminated, the
issuing authority may decide to lift the administrative detention and release the foreigner.
In prisons or under administrative detention as detainees or convicts
The time spent by foreigners held in repatriation centers is not considered a violation of their residence
permit period.
😎 How to Object to the Administrative Detention Decision?
An objection to an administrative detention decision submitted to the Criminal Court of Peace must be considered
within five days. Filing an objection to an administrative detention decision or submitting a petition to the court does not
automatically lift the administrative detention decision. The court must review the decision and make a decision
regarding release.
Can an appeal be filed with a criminal court of peace after it has been rejected? The decision rendered by a criminal
court of peace regarding an appeal against an administrative detention decision is final, and no appeal can be filed
against it. Although the decision dismissing an appeal against an administrative detention decision is final, it is possible
to later appeal again to a criminal court of peace, claiming that the conditions of administrative detention have been
eliminated or changed.
9-) How to object to the deportation decision-The deportation decision, along with the reasons, is notified to the foreigner against whom the deportation decision
has been issued, their legal representative, or their attorney. If the foreigner against whom the deportation decision has
been issued is not represented by an attorney, they or their legal representative will be informed of the outcome of the
decision, the appeal procedures, and the deadlines. Foreigners in Türkiye who have been subject to a deportation
decision may appeal this decision.- An appeal may be filed with the Criminal Court of Peace against the deportation decision. An appeal to the Criminal Court of Peace does not suspend the
administrative detention decision. A decision by the Criminal Court of Peace against deportation is final, but the person placed under administrative
detention or their attorney may re-apply to the Criminal Court of Peace on the grounds that the circumstances have changed.
may object to the judgement.
10-) Deportation Decision
A deportation decision is an administrative decision issued by provincial governorates, either ex officio or on the
instructions of the Directorate General of Migration Management, to deport a foreigner to their country of origin,
transit country, or a third country. The administration must notify the foreigner, their legal representative, or their
lawyer, if applicable.
Foreigners who have been subject to a deportation decision may be placed under administrative detention
and held in repatriation centers if one of the reasons specified in Article 57 exists.
11-) Who can be subject to a deportation decision?
Article 54 of Law No. 6458 regulates the persons against whom deportation decisions will be made. The relevant article
regulation is as follows;
Those who will be subject to deportation decisions:
ARTICLE 54 – (1) Deportation decisions are made for the following foreigners:
a) Those who are considered to be deported within the scope of Article 59 of Law No. 5237
b) Those who are managers, members or supporters of terrorist organizations or managers, members or supporters of criminal
organizations for profit.
c) Those who use false information and forged documents in transactions for entry to Türkiye, visa and residence
permits.
d) Those who earn their living through illegitimate means during their stay in
Türkiye d) Those who pose a threat to public order, public security or public health
e) Those who exceed the visa or visa exemption period by more than ten days or whose visa has been cancelled.
f) Those whose residence permits have been cancelled
g) Those who have a residence permit but violate the residence permit period for more than ten days without an
acceptable reason after its expiration.
g) Those who are found to be working without a work permit
h) Those who violate the provisions of legal entry into or exit from Türkiye or attempt to violate
these provisions (1)
i) Those who were detected to have come to Türkiye despite having an entry ban on them.
i) Those whose international protection application has been rejected, excluded from international protection, whose
application has been deemed inadmissible, whose application has been withdrawn, whose application has been deemed
withdrawn, whose international protection status has expired or been cancelled,
Those who do not have the right to stay in Türkiye according to other provisions of this Law after the final decision j) Those
whose residence permit extension applications have been rejected and who do not leave Türkiye within ten days
k) (Added: 3/10/2016-KHK-676/36 art.; Accepted as is: 1/2/2018-7070/31 art.)
Those who are considered to be affiliated with terrorist organizations defined by international institutions and organizations
12-) Who cannot be subject to a deportation decision?
Article 55 of Law No. 6458 also specifies the foreigners who cannot be deported. Even if they fall under
Article 54, deportation decisions cannot be made for the following foreigners:
a) 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.
b) Those who are deemed risky to travel due to serious health problems, age and pregnancy.
c) Those who are still receiving treatment for their life-threatening illnesses and who cannot afford treatment in the country to which
they will be deported.
d) Victims of human trafficking who benefit from the victim support process
d) Deportation decisions will not be made for victims of psychological, physical or sexual violence until their
treatment is completed.
13-) How to Object to the Administrative Detention Decision?
A person placed under administrative detention, their legal representative, or their attorney may appeal to a criminal judge of peace against the
administrative detention decision. This appeal does not suspend administrative detention. If the petition is submitted to the administration, it must be
immediately delivered to the competent criminal judge of peace. The criminal judge of peace shall conclude the review within five days. The decision of the
criminal judge of peace is final. A person placed under administrative detention, their legal representative, or their attorney may appeal to a criminal judge
of peace again, alleging that the conditions of administrative detention have been eliminated or changed.
can apply.
14-) Human Rights and International Law Dimension
When asylum applications, the principles of non-refoulement, and protection against torture conflict with
deportation/refoulement decisions, they are prioritized. International obligations (the 1951 Geneva
Convention and the Conventions Against Torture) must also be taken into account in Turkish domestic law.
Deportation procedures for asylum applicants are governed by different procedures.
In the implementation of deportation orders, individuals may pursue administrative and judicial
remedies in the event of allegations of unlawfulness or ill-treatment. ECHR precedents and local court
decisions are crucial in these processes. Civil society reports document complaints of human rights
violations in practice.
15-) Legal Possibilities, Application and Defense Methods
Administrative objection:The legality of deportation, entry ban and administrative detention decisions may be questioned before
administrative authorities.
Administrative jurisdiction:Administrative lawsuits may be filed against the transactions; a request for stay of execution may be brought to the agenda.
International applications:ECHR jurisprudence and international mechanisms can be used in allegations of ill
treatment.
15-) The Court of Jurisdiction in the Case of Objection to the Deportation Decision- Since the deportation decision is an administrative action, administrative courts have jurisdiction over the cases filed for the
cancellation of this action.- The competent administrative court is the administrative court in the province where the governor’s office is located, which issues the deportation
decision in accordance with Article 32 of the Administrative Procedure Law.
CONCLUSION
Deportation, entry bans, and administrative detention orders are administrative measures designed to maintain public
order and security through which the state exercises its oversight authority over foreigners. However, because these
measures directly interfere with individuals’ fundamental rights and freedoms, they must be evaluated within the
framework of legal safeguards.
A deportation decision is a serious procedure aimed at removing a foreigner from the country and should only be made
on legal and concrete grounds. Deportation decisions issued arbitrarily or based on insufficient justification may
constitute a violation of both national and international law.
An entry ban is a measure designed to protect the public interest and prevents deported individuals from entering Türkiye for a
specified period. The duration and scope of this ban must be determined in accordance with the principle of proportionality.
Administrative detention, on the other hand, refers to the detention of a person in a removal center to ensure the
implementation of a deportation order. This measure must be limited in duration and should not be implemented
except in cases of necessity. Otherwise, personal freedom may be violated.
Consequently, legality, proportionality, and effective judicial oversight are crucial in the
implementation of these measures. Providing individuals with effective remedies, along with
reasoned and reviewable decisions, is essential for both human rights and the rule of law.
ABOUT DEPORT-ENTRY BAN-ADMINISTRATIVE DETAILS
MOST WONDERED QUESTIONS
1-) What is Deportation?
Deportation is the process of removing foreigners who do not have the right to stay legally in Türkiye or whose stay in Turkey is
deemed undesirable due to reasons specified in the law, from the country by administrative decision.
2-) In what cases is a deportation decision made?- Violating the visa or residence permit period- Working illegally- Creating a threat to public order or security- Entering or staying with false documents
In cases where a person whose asylum application is rejected continues to stay in Türkiye, a deportation decision may
be made.
3-) How is the Deportation Decision Notified?
The deportation decision is notified to the foreigner in writing and is generally given 15–30 days to leave Türkiye.
Foreigners who fail to leave the country within this period may be placed under administrative detention.
4-) Can the Deportation Decision Be Appealed?
Yes. The foreigner has the right to file a lawsuit against the deportation decision with the administrative court of the country
where he or she is located. A stay of execution can also be requested to temporarily halt the deportation process.
5-) When Should a Deportation Decision Be Objected?
An application must be filed with the administrative court within seven days of notification of the decision. If the deadline is missed, the
decision becomes final and deportation may be imposed.
6-) Can a person who has been deported re-enter Türkiye?
Deported individuals are generally subject to an entry ban on Türkiye. Reentry into Türkiye is
not possible until this ban expires or is lifted.
7-) How long is the Entry Ban to Türkiye?- The entry ban period generally varies between 3 months and 5 years.- Short-term ban for minor violations (e.g. 1–3 months)- Up to 5 years for serious violations or threats to public safety- In some cases, this period may be extended by an additional 10 years, up to a maximum of 15 years in total for the same
reason.
😎 How to Lift the Entry Ban to Türkiye?
To lift the entry ban, the foreigner must apply to the Turkish consulate or the Directorate of Immigration
Administration in the country they are in. The administration may assess the individual’s situation and lift
the ban or allow entry.
9-) Is it possible to transit while the entry ban to Türkiye continues?
No. People banned from entering Türkiye may only transit through Turkey with special permission. Otherwise, they
cannot enter from any point, including the airport.
10-) What is Administrative Oversight?
Administrative detention is the temporary detention of foreigners in removal centers for the purpose of carrying out the
deportation process. During this period, personal freedom is restricted, but access to fundamental rights must be ensured.
11-) How Long is the Administrative Detention Period?- In general, the period of administrative detention cannot exceed 6 months.- However, if the foreigner does not cooperate or the deportation procedures are delayed, this period may be extended for an
additional 6 months.- The total period cannot exceed 12 months.
12-) What are the rights of a person under administrative detention?- Access to and meeting with a lawyer- The right to communicate with family- Application to the criminal court of peace against the administrative detention decision- Benefiting from health services- Getting interpreter assistance
13-) Can the Administrative Detention Decision be Objected?
Yes. A foreigner placed under administrative detention may apply to a criminal court of peace to request the decision be
lifted. The judge will rule on the application within five days.
14-) What are the Alternative Practices to Administrative Detention?
In some cases, less stringent measures may be applied instead of administrative detention:- To sign to the Immigration Authority at regular intervals- Requirement to reside at a specific address- Tracking with electronic bracelet- Certain guarantee or surety applications
15-) Is a Lawyer Mandatory During Deportation, Entry Ban and Administrative Detention Processes?
While hiring a lawyer is not mandatory, seeking professional legal assistance is strongly recommended
to avoid loss of rights. Legal assistance is crucial, especially given the need for swift action in
deportation proceedings.
The Importance of Legal Support
Deportation, Entry Ban, and Administrative Detention are matters that require technical knowledge,
legislative expertise, and in-depth expertise in judicial practices. While the legal provisions are clear,
each case has its own unique circumstances, and even a small mistake can lead to loss of rights.
Therefore, working with an experienced attorney from the outset is crucial to determining the right
strategy, protecting your rights, and achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.