A deportation lawyer is a legal professional who provides legal consultancy and defense services for foreigners who are subject to a deportation order from the country they reside in. Under the Law on Foreigners and International Protection (LFIP), the deportation of foreign nationals may be required under certain circumstances. Consulting with a lawyer during this process is crucial to ensure the process proceeds fairly and lawfully. Deportation decisions are typically made when a person enters the country illegally, overstays their visa, or poses a threat to public order. In such cases, the best step for the deported individual to defend their rights and ensure that the process is conducted in accordance with the law is to consult a deportation lawyer.
In Turkey, the deportation of foreigners is regulated by the constitution and laws. Article 23 of the Constitution regulates the right of deportation for foreigners, while such a practice does not apply to Turkish citizens. Particularly, Turkish citizens with dual nationality cannot be deported. However, the deportation process for foreign nationals must be based on legitimate grounds and carried out in compliance with the law. At this stage, consulting a deportation lawyer ensures the process progresses transparently and correctly.
A deportation decision is usually made for foreigners who pose a threat to public order or who are in the country illegally. In Turkey, deportation decisions are generally made by the Directorate General of Migration Management or the governorship. The process of deporting foreign nationals is regulated under Articles 52-56 of the LFIP. Article 54, in particular, clearly outlines the grounds for deportation. When one or more of the provisions listed in this article are violated, a deportation decision may be made by the governorship. In such cases, a deportation lawyer ensures that the process is conducted lawfully and defends the rights of the foreign individual.
When a deportation decision is made, all legal processes related to the foreign individual must be taken into consideration. The foreign national has the right to appeal the deportation decision made against them. Appeals are typically filed with administrative courts, and legal guidance from a lawyer is essential during this process. Receiving legal representation ensures that foreign nationals do not suffer any loss of rights during the deportation process. Additionally, if the reasons for deportation are unlawful, the deportation lawyer can initiate an appeal process to protect the individual’s rights.
The European Convention on Human Rights (ECHR) guarantees the rights to liberty and security. In this context, the deportation of foreign nationals must be carried out in compliance with the ECHR. Foreign nationals cannot be deported unlawfully. If a deportation decision is made illegally, the foreign national has the right to file a lawsuit and appeal the decision. In Istanbul, a deportation lawyer can provide legal advice during this process and take the necessary legal steps against the deportation decision.
A foreign national who complies with the law cannot be deported. However, if a deportation decision is made, the foreign individual can take legal action to request the annulment of this decision. According to the European Convention on Human Rights, every individual has the right to liberty and security, and these rights must not be violated. Therefore, deportation decisions must be made in line with the criteria set forth by the ECHR. Otherwise, the individual may seek remedies under international law. At this stage, a deportation lawyer steps in to defend the individual’s rights and legally challenge the deportation decision.
When a deportation decision is made, it is communicated to the foreign individual, and the legal process begins. If the foreign national wishes to appeal the decision, they may file a lawsuit with administrative courts. After notification, the individual has 7 days to apply to the court. During this process, the deportation lawyer provides legal support to the foreign individual, ensuring their rights are protected. Moreover, applications made to the administrative court must be resolved within 15 days. The court’s decision is final, and the foreign national cannot be deported during this process.
The deportation of a foreign individual is not only an administrative decision but also involves a judicial process. A foreign national who applies to court must also inform the authority that issued the deportation decision of this application. A deportation lawyer represents the individual during this process, ensuring the court proceedings are carried out lawfully. Additionally, the foreign individual cannot be deported during the duration of the lawsuit. This provides significant protection for the rights of the foreign national.
A deportation decision may be applied to foreigners who have committed certain crimes or pose a threat to public order. These individuals include those associated with terrorist organizations, members of criminal gangs, those who forge documents, and those who overstay their visas. In particular, individuals who enter Turkey illegally or earn their livelihood through illegitimate means may face a deportation decision. In such cases, it is crucial for the foreign individual to consult a deportation lawyer to defend their rights and appeal the deportation decision.
When a deportation decision is made, the foreign individual’s illegal activities must be considered. People who enter Turkey with forged documents or participate in terrorist activities are among the groups most frequently subject to such decisions. Article 54 of the LFIP clearly outlines the conditions under which a deportation decision can be made. For example, individuals who are sympathizers of terrorist organizations or who have entered Turkey illegally may be subject to a deportation decision by the governorship. A deportation lawyer serves as the legal representative in this process, defending the individual and protecting their rights.
Although a deportation decision can be implemented under certain conditions, there are some foreigners who cannot be deported. Specifically, individuals from countries where there is a risk of death penalty, torture, or inhuman treatment cannot be deported. Additionally, certain groups, such as those with serious health problems, pregnant women, and victims of human trafficking, are exempt from deportation. In such cases, legal remedies against deportation may be sought, and a deportation lawyer plays a key role in this process.
When making a deportation decision, the risks that the foreign individual may face should also be considered. If the individual is at risk of torture, inhumane treatment, or the death penalty in the country to which they will be deported, a deportation decision should not be made. Additionally, victims of human trafficking and individuals who have been subjected to violence are protected in this process. A deportation lawyer advocates for the rights of these individuals and takes the necessary legal precautions to prevent deportation.
When a deportation decision is made, foreign individuals have the right to seek judicial remedies. Under this right, the foreign individual or their lawyer can take the decision to the administrative court. The time to appeal begins 7 days after the notification, and during the lawsuit, the foreign individual cannot be deported. During this process, foreign nationals can seek legal assistance to protect their rights while awaiting the court’s decision.
During the court application, the foreign individual’s objections are thoroughly examined, and deportation is suspended until the case is resolved. During this process, the deportation lawyer ensures that the rights of the foreign individual are protected and that the process is conducted fairly. The court must issue a decision within 15 days, and the decision is final and cannot be appealed. Thus, the foreign individual is protected from deportation throughout the judicial process.
A notice to leave Turkey is a notification given to foreign individuals who are subject to deportation. Under this notice, the foreign national is given a period of 15 to 30 days to leave the country. Individuals required to leave Turkey are issued an exit permit, and they are not required to pay any fees during this period. However, those who do not leave the country within the specified time may be subject to administrative detention.
During this process, the deportation lawyer provides legal consultancy to the foreign individuals, helping ensure the process runs smoothly. If the foreign national leaves Turkey within the allotted time, a ban on re-entry may not be imposed. However, for those who overstay, administrative detention and stricter penalties may be applied. Therefore, obtaining legal support from a deportation lawyer is crucial to ensure the process runs without complications.
An administrative detention decision means that foreign individuals subject to deportation are held at Removal Centers until their departure from Turkey is ensured. The duration of administrative detention is usually not longer than 6 months; however, in certain cases, this period may be extended. The detention period can be extended by another 6 months if the foreign national fails to provide accurate information or does not cooperate. During this process, the deportation lawyer defends the rights of the foreign individual and challenges the administrative detention decision through legal means.
Throughout the administrative detention, periodic evaluations are conducted to determine whether the detention should continue. If it is decided that the detention is no longer necessary, the foreign individual may be released. During the monthly reviews of those in administrative detention, their lawyers are kept informed. At this stage, the deportation lawyer advocates for the foreign individual’s rights and ensures that the detention process is carried out lawfully.
Foreign nationals have the right to file an individual appeal with the Constitutional Court. If a rejection decision is made in the administrative court, an appeal can be made to the Constitutional Court. During this process, the deportation lawyer provides legal support to the foreign individual and ensures that the appeal is filed correctly. These appeals are of great importance to ensure that the rights of foreign nationals are protected and that a fair trial is conducted.
The travel expenses of foreign nationals subject to a deportation decision are usually covered by the foreign national themselves. However, if the foreign individual is financially incapable, these expenses may be covered by the Directorate General of Migration Management. If the foreign national does not pay for their travel expenses, they may be barred from re-entering the country until these expenses are paid. Therefore, it is crucial to settle travel expenses.
