For foreign nationals living in Turkey, one of the most worrying situations is the issuance of a “deportation decision” (sınır dışı etme kararı) against them. So, what is a deportation decision in a legal sense? This decision is an official administrative ruling issued by the Ankara Governorship or the Presidency of Migration Management within the framework of the Law on Foreigners and International Protection No. 6458 (YUKK) for foreigners whose stay in Turkey is not in accordance with the laws or who violate certain rules, compelling the person to leave Turkey. Such decisions and their consequences fall within the area of expertise of professionals such as a Foreigners Law Attorney.

What Does a Deportation Decision Mean and Who Can It Be Issued For?

A deportation decision means the removal of the foreigner subject to the decision outside the borders of Turkey. This decision can only be issued for foreign nationals; Turkish citizens cannot be deported. For the decision to be issued, at least one of the reasons listed in Article 54 of the YUKK must have occurred.

Reasons for Issuing a Deportation Decision (YUKK Article 54)

The main reasons for deportation specified in the law are as follows:

• Being convicted of certain crimes.
• Being a leader, member, or supporter of a terrorist organization, or engaging in terrorism-related activities.
• Posing a threat to public order, public security, or public health.
• Exceeding the duration of a visa, visa exemption, or residence permit by more than 10 days without permission (Visa Violation and Illegal Stay).
• Being found to be working without a valid work permit (Therefore, it is important to comply with the legal Work Permit Application processes).
• Entering or attempting to enter Turkey illegally.
• Using fake or misleading documents.
• Failing to leave Turkey within 10 days despite the rejection of a residence permit extension application.
• Earning a living through illegitimate means.
• The emergence of certain negative situations regarding an international protection application or status, and the absence of any other legal right to stay.

In the presence of one of these reasons, the competent authorities (Ankara Governorship or Migration Management) may issue a deportation decision against the foreigner.

What Are the Consequences of a Deportation Decision?

The main consequences for a foreigner against whom a deportation decision has been issued are as follows:

• Obligation to Leave Turkey: They must leave the country within the specified period (or immediately).
• Entry Ban: Depending on the reason for the decision, their re-entry into Turkey may be banned for a certain period (from 1 month to 5 years, or even indefinitely in some cases).
• Assignment of a Restriction Code: A restriction code indicating the reason for deportation is recorded in the foreigner’s registry.
• Administrative Detention: The foreigner may be placed under administrative detention in removal centers until the deportation procedures are completed (Objection to an Administrative Detention Decision is a separate legal process).

Who Cannot Be Deported? (YUKK Article 55)

The law prohibits deportation in certain situations. The following persons cannot be subject to this decision, even if there is a reason for deportation: 1

1. www.goc.gov.tr

www.goc.gov.tr

• Those for whom there are 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 (Principle of non-refoulement).
• Those who are considered at risk to travel due to serious health problems, age, or pregnancy.
• Those whose treatment for life-threatening diseases is ongoing, and who do not have access to treatment opportunities in the country to which they will be deported.
• Victims of human trafficking who are benefiting from the support process.
• Victims of psychological, physical, or sexual violence (until their treatment is completed).

Is There a Right to Object to the Decision?

Yes. Since the deportation decision issued against you is an administrative action, it is subject to judicial review. You have the right to file an annulment lawsuit in the Administrative Court against this decision within a very short period (currently 7 days) from the date of notification. For detailed information on this subject, you can review our article titled “How to Cancel a Deportation Decision?”.

Conclusion

A deportation decision (sınır dışı etme kararı) is a serious decision issued by the competent administrative authorities in Ankara for foreigners whose stay in Turkey is not deemed appropriate for the reasons specified in the YUKK, compelling them to leave the country. It can be based on various reasons such as visa violation, illegal work, disrupting public order, and has significant consequences such as an entry ban. However, this decision is not absolute and has certain exceptions. Most importantly, there is a right to object to the decision within the legal period, and obtaining professional legal support in this process is of great importance.