Deportation – Appeal and Annulment Lawsuit Against Deportation Orders – 2024

Appealing and Filing an Annulment Lawsuit Against Deportation Orders in Turkish Immigration Law

Under Turkish immigration law, it is possible for foreign nationals residing in Turkey to file an annulment lawsuit against deportation decisions issued under certain circumstances. These administrative decisions are regulated within the framework of Law No. 6458 on Foreigners and International Protection. As a deportation order is an administrative act, individuals may file a lawsuit before the administrative courts requesting the cancellation of such decisions.

Akdemir Consulting offers professional legal support to protect the rights of clients throughout this process.

What Is an Objection to a Deportation Order?

In immigration law, the term "deportation" refers to the removal of a foreign national from Turkey, often accompanied by the imposition of an entry ban (restriction code). An objection to a deportation order can be filed if the decision is considered unlawful or unjustified.

How Is a Deportation Order Issued and What Are the Grounds?

Deportation decisions are issued by the Provincial Directorate of Migration Management or the relevant Governor’s Office. The grounds for these decisions are defined in the Law on Foreigners and International Protection. A deportation order may be issued under the following circumstances:

Persons convicted of a crime and deemed subject to deportation by the authorities
Individuals who are members, leaders, or supporters of terrorist or criminal organizations
Those who submit false documents or misleading information during entry, visa, or residence permit applications
Individuals earning a living through illegal means in Turkey
Persons posing a threat to public order, public security, or public health
Foreigners who overstay their visa for more than ten days or whose visa has been canceled
Individuals whose residence permit has expired and who fail to leave Turkey within ten days without justification
Foreign nationals working without a valid work permit
Persons violating entry or exit regulations of Turkey
Those entering Turkey despite being subject to an entry ban
Foreigners who have lost their international protection status and have no other legal basis for residence
Persons whose residence permit extension has been rejected and who fail to depart from Turkey

Foreign nationals affected by any of these conditions have the right to challenge the deportation order through judicial means.

Individuals Who Cannot Be Subject to Deportation

Under certain circumstances, deportation orders cannot be legally issued against individuals. These exceptions include:

Individuals at risk of the death penalty, torture, or inhuman or degrading treatment in the country to which they would be deported
Those whose travel poses a risk due to serious health problems, advanced age, or pregnancy
Individuals undergoing treatment for life-threatening illnesses and who would not have access to such treatment in the destination country
Victims of human trafficking who are currently benefiting from victim support programs
Individuals who are victims of psychological, physical, or sexual violence, and whose treatment is still ongoing

Appeal and Procedure Following a Deportation Order

Once a deportation order is issued against a foreign national, the process begins with the official notification of the reasoned decision by the relevant Governor’s Office. The steps that follow include:

The individual is officially invited to leave the country voluntarily
If they refuse to leave or are deemed to require detention, they are placed in a removal center
Medical examinations are carried out
Once administrative steps are completed, and no legal action has been filed, deportation is executed

Akdemir Consulting provides full legal support throughout every stage of this process.

Appealing and Annulment of a Deportation Order

An individual subject to a deportation decision has the right to file a lawsuit before the Administrative Court within 7 days of the notification to request annulment of the decision. If a lawsuit is filed, the deportation cannot be enforced during the judicial process.

The competent court is the Administrative Court located in the province where the deportation order was issued.

According to legislation, the court is required to rule on deportation cases within 15 days. However, in practice, the process may take between 4 to 6 months.

The court’s decision is final and cannot be appealed through ordinary legal remedies such as appeal or cassation. However, if the lawsuit is dismissed, an individual application may be filed before the Constitutional Court, along with a request for injunctive relief.

In most deportation cases, a restriction code (entry ban) is also imposed on the individual. Therefore, the removal of this code must be specifically requested during the lawsuit. The legal process regarding the restriction code may vary depending on its type.

Time Limit for Filing a Lawsuit Against a Deportation Order

As previously mentioned, the legal time limit for filing a lawsuit against a deportation order is 7 days from the date of official notification. This deadline is strict. If the lawsuit is not filed within the designated time, the administrative court will reject the case on procedural grounds.

Sample Petition for the Annulment of a Deportation Order

A deportation order is an administrative decision that can be issued by the authorities based on specific legal grounds. However, the administration cannot act arbitrarily; the decision must be based on clear, concrete, and lawful reasons. Therefore, the written response from the administrative authority must explicitly state the legal basis of the decision. While the administration has discretionary power, it must be used within the limits defined by general principles of law.

In practice, it is common for the documents submitted by the administration during annulment lawsuits to lack sufficient justification. In such cases, courts may annul the deportation decision due to inadequate legal reasoning.

European Convention on Human Rights (ECHR) and Deportation Cases

Article 8 of the European Convention on Human Rights (ECHR) guarantees everyone the right to respect for their private and family life and correspondence. In its case law, the European Court of Human Rights (ECtHR) emphasizes that deportation orders must be assessed with due regard to these rights, as a deportation decision may severely damage a person’s family life.

If the deportation decision directly affects the family life of the individual, it must be based on legitimate grounds such as public security, national security, public health, morality, or the protection of others’ rights, and must be necessary in a democratic society and in accordance with the law. However, if the family members are leaving the country together with the deported person, and family unity is thus preserved, it cannot be said that family life has been disrupted.

Article 13 of the ECHR ensures the right to an effective remedy before national authorities when fundamental rights are violated. This means that individuals facing deportation must be provided with an opportunity to challenge the decision through effective legal channels within the country.

Legal Basis and Burden of Proof

If the deportation process is based on a judicial proceeding, the details and justifications of that process must also be clearly and specifically presented. An administrative act cannot rely solely on vague claims such as “public order”; such claims must be substantiated with concrete evidence.

For example, in the decision of the Balıkesir Administrative Court (Case No. E.2015/57, Decision No. K.2015/420), the court annulled a deportation order because the administration failed to submit documentation showing that the individual's residence permit had been cancelled, and provided no evidence proving the person posed a threat to public order. The court deemed the administrative action unlawful.

In such lawsuits, it is crucial to assess whether the individual falls within the scope of Article 55 of Law No. 6458 on Foreigners and International Protection, which defines persons who cannot be deported.

Evaluation of Country of Origin and Non-Refoulement

The administrative authority must also evaluate the individual’s country of origin and whether the person can be safely returned. However, in practice, deportation decisions are often made without such assessments being properly conducted.

To succeed in an annulment lawsuit, it must be demonstrated—as per Article 2 of the Administrative Jurisdiction Procedures Act (Law No. 2577)—that the deportation order is unlawful in terms of authority, procedure, cause, subject, or purpose.

Finally, courts must carefully examine whether the person, if returned to their country of origin, would face a risk of persecution, torture, inhuman treatment, or the death penalty.