How to Appeal a Deportation Decision?

A deportation (deport) decision is the decision to remove a foreign national from Turkey and impose a ban on their re-entry for specific reasons. Foreign nationals who wish to appeal this decision must follow certain procedures to request its cancellation. However, for the appeal process to be successful, legal knowledge and technical expertise are required. Therefore, it is highly advisable to work with a foreigners’ law attorney to navigate this process correctly.

A deport decision can be made for various reasons depending on the specific circumstances. For example, reasons for deportation may include visa violations, working without a work permit, posing a threat to national security, or engaging in immoral activities. Once a deport decision is made, the foreign national must appeal the decision and have it overturned to re-enter Turkey.

How to Appeal a Deportation Decision?

Reasons for a Deportation (Deport) Decision

A deport decision can be issued based on various factors related to the foreign national’s status and conduct in Turkey. The reasons for deportation are crucial in the appeal process. Below are some of the most common reasons for deportation:

  • Working in Turkey without a residence permit or a work permit.
  • Remaining in Turkey after the expiration of the visa period (visa violation).
  • Engaging in immoral activities.
  • Committing crimes and being sentenced to prison.
  • Entering Turkey with forged documents.
  • Having a contagious disease that threatens public health.
  • Foreigners whose international protection applications have been rejected.

Foreign nationals who are deported have the right to appeal. However, the appeal process must be carefully handled to ensure success, requiring complete legal documentation and adherence to proper procedures.

Procedure for Canceling a Deportation (Deport) Decision

The deportation decision is issued by the governor’s office or the General Directorate of Migration Management in Turkey. Once this decision is made, an entry ban is imposed on the individual. Without overturning the deportation decision, the individual cannot re-enter Turkey. However, exceptions are allowed. The foreign national can appeal the decision by applying for a special visa or filing a lawsuit with the administrative court.

Foreign nationals who obtain a special visa can re-enter Turkey without waiting for the entry ban period to expire. Such visas are granted for valid reasons like education, marriage, or medical treatment. Another option is to file an annulment lawsuit against the deportation decision in the administrative court.

Special Visa

A special visa allows foreign nationals with valid reasons, such as education, treatment, or marriage, to re-enter Turkey before the deport decision is fully executed. It is crucial to provide accurate and complete information during the special visa application process. Legal guidance is strongly advised to prevent any loss of rights during this process.

Annulment Lawsuit in Administrative Court

Another option to appeal the deport decision is to file an annulment lawsuit in the administrative court. The foreign national can argue that the decision is unlawful and request its annulment. This lawsuit must be filed within 7 days from the notification of the deport decision. Additionally, the travel ban code placed on the deported foreigner can also be removed during this process.

Frequently Asked Questions

  • Can the deportation (deport) decision be appealed in court?
    Yes, the deportation decision can be appealed by filing an annulment lawsuit in the administrative court.
  • How many days do you have to appeal the deportation (deport) decision?
    The appeal must be filed within 7 days of the notification of the deport decision.
  • How long does it take for the deportation (deport) annulment lawsuit to be resolved?
    The annulment lawsuit typically takes between 1 to 3 months to be resolved, but the duration may vary depending on the specifics of the case.