The issuance of a deportation decision against you by the Ankara Governorship or the Migration Management is an extremely serious situation that directly affects your life in Turkey and your future. However, this decision is an administrative act that can be appealed and potentially revoked by resorting to legal remedies. So, how to cancel a deportation decision within the framework of the Law on Foreigners and International Protection No. 6458 (YUKK)? The most critical point in this process is timing.

The Only Way to Appeal a Deportation Decision: Annulment Lawsuit

The only effective legal remedy that can be resorted to against the deportation decision issued against you is to file a lawsuit in the Administrative Court requesting the annulment of the decision. This lawsuit is based on the allegations that the deportation decision is unlawful (the reasoning is incorrect, the procedure is not followed, it violates fundamental rights, etc.). For more information about the process of appealing a deportation decision, you can review our relevant page: Objection to a Deportation Decision.

ATTENTION! The Period to File a Lawsuit is Only 7 Days!

The most vital point in the steps to be taken for the removal of the deportation decision is the period for filing a lawsuit. In accordance with YUKK Article 53/3 (with the amendment made in 2023, the period was reduced from 15 days to 7 days), you must file an annulment lawsuit in the competent Administrative Court against the deportation decision WITHIN ONLY 7 (SEVEN) DAYS from the date the decision is notified to you or your lawyer.

This 7-day period is a forfeiture period. That is, if a lawsuit is not filed within this period, you lose your right to appeal the deportation decision, and the decision becomes final. Therefore, it is mandatory to take action immediately as soon as the deportation decision is notified.

Consequences of Filing an Annulment Lawsuit: The Deportation Process Stops!

The most important consequence of filing an annulment lawsuit in the Administrative Court within the period is that the deportation process automatically stops until the case is concluded (YUKK Article 53/3). That is, when you file a lawsuit, you cannot be deported until the court reaches a decision.

Exception: However, there are exceptions to this rule. If the deportation decision is given within the scope of paragraphs (b), (d), and (k) of YUKK Article 54/1 (being an executive/member/supporter of a terrorist organization, posing a threat in terms of public order/security/health), filing a lawsuit does not automatically stop the deportation process. In these cases, a stay of execution must be requested separately from the court, and a decision to that effect from the court must be awaited.

Administrative Detention Decision

Along with the deportation procedures, an administrative detention decision (being held in a removal center) can also be given regarding the foreigner. Objecting to the administrative detention decision is a separate process from the lawsuit for the annulment of the deportation decision and is made to the Criminal Court of Peace. For details: Objection to Administrative Detention Decision.

Restriction Code and Entry Ban

A deportation decision usually causes the placement of a relevant restriction code and an entry ban to Turkey. The cancellation of the deportation decision by the court generally results in the removal of this code and the ban.

The Importance of Lawyer Support: A Race Against Time!

Considering the shortness of the 7-day period to file a lawsuit and the legal complexity of the process, it is of vital importance for a foreigner facing a deportation decision to consult a lawyer without wasting time. A Foreigners Law Attorney who is an expert in this field can quickly evaluate the situation, file the necessary lawsuit in the Administrative Court within the 7-day period, collect evidence, and follow the process on your behalf. Since such cases fall under the field of administrative law, an Administrative Law Attorney can also assist you. Acting without a lawyer can lead to irreparable losses of rights in this short period.

Conclusion:

The way to remove a deportation decision given against you is to file an annulment lawsuit in the competent Administrative Court within only 7 days from the notification of the decision. Filing a lawsuit, except for exceptional cases, stops your deportation until the case is concluded. Due to the shortness of the period and the sensitivity of the issue, it is imperative that you get legal support from an expert lawyer without losing any time the moment the deportation decision is notified to you.