Objection to Deportation Decision

A deportation decision is an administrative procedure aimed at removing a foreigner from Türkiye with severe consequences. Since the short litigation period begins as soon as the decision is notified, the justification and documents must be checked on the same day.

The objection is not based solely on the statement "I want to stay in Türkiye." The legal reason for the decision, the person's family and health conditions, risks in the country to which they will be sent, notification and proportionality are evaluated with concrete evidence. If a decision is made that prevents readmission to the country, Lifting the ban on entry to Turkey should also be evaluated.

Who Makes the Deportation Decision?

Within the scope of the Foreigners and International Protection Law No. 6458, deportation decisions are taken by the governorships. The decision must include the identity of the foreigner, the underlying provision, summary of the incident, application method and duration. The arrest or report made by the law enforcement alone is not the same as the final deportation decision. It should be determined which document was notified to the foreigner; Deportation, administrative detention, invitation to leave and fine documents should be separated.

How Long is the Time to File a Lawsuit?

In the current official statement of the Directorate of Immigration Management, the foreigner, his legal representative or his lawyer has seven days from the notification of the decision to object to the deportation decision. It is stated that the person can apply to the administrative court. Since this period is very short, it should not be waited for the weekend, translation or document collection reasons. If the notification date is disputed, the envelope, minutes, signature, interpreter record and when the foreigner actually learned about the decision should be added to the file.

The first thing to do in the deportation file is to take a photo of the decision and verify the notification date. The timeliness of the petition is as decisive as its content.

Which Administrative Court has jurisdiction?

The case is filed in the competent administrative court, taking into account the administrative authority that established the transaction and the rules of jurisdiction. The place where the foreigner was caught, the repatriation center where he was held, and the governorship where the decision was made may not be the same province. For this reason, the authority in the decision title should be taken as basis and authority evaluation should be made. In order to avoid wasting time in the wrong place, the petition submission procedure, distribution and fee procedures are planned before the litigation period expires.

After the case is filed, Attorney Mehmet Emin Kurşun ensures that the file number is notified to the immigration administration and that the court's interim decisions are answered in a timely manner.

Does the Execution of the Decision Stay During the Case?

Subject to the exceptions specified in the law and the consent of the foreigner, the foreigner shall be detained within the period of filing a lawsuit and until the trial is concluded, if judicial action has been taken. It is essential not to be deported. The effect of this in practice should be checked according to the underlying article of the dossier. The record that a lawsuit has been filed, the file number and the petition submitted to the court must be reported to the relevant immigration administration and repatriation center without delay.

Main Issues Examined in the Annulment Case

• Whether the legal reason for the decision is found in the concrete case,
• Procedural compliance of the defense and notification process,
• family life, best interests of children and private life,
• health status and results of the journey,
• risk of torture or ill-treatment in the destination country,
• whether the action is necessary and proportionate.

Each objection topic should be associated with the event. Instead of general human rights statements, marriage certificate, children's school and health records, residence history, treatment reports, work and address documents, criminal file decisions and country information. Interest may be offered.

How to Invoke a Prohibition of Refoulement?

If the foreigner claims that there is a death penalty, torture, inhumane treatment or serious individual threat in the country to which he will be sent, this risk should be explained in detail. Ban on repatriation In its evaluation, chronology of events, personal profile and current country information are combined. If the document cannot be obtained, the reason for this is stated; Points that seem inconsistent are explained rather than hidden.

Family Life and the Best Interest of the Child

The presence of a spouse and children who are Turkish citizens or live legally in Türkiye brings into question the impact of the decision on family life. However, a civil registry sample alone may not be sufficient. Joint living, care relationship, custody, child's age, school routine, health needs and whether the family can live together in another country are evaluated. It is debatable whether a fair balance has been established between the risk that the foreigner allegedly poses to public order and family ties.

Impact of Criminal Investigation or Conviction

An investigation, prosecution or conviction against a foreigner does not produce automatic and uniform results. The nature of the crime, the finality of the decision, the execution of the sentence, the date of the incident and the current danger should be evaluated. Records of acquittal, no need for prosecution, postponement of the announcement of the verdict, or appeal should be brought to the file. It is examined whether the administration relies solely on a report in the criminal file and whether it conducts an up-to-date personal evaluation.

Separate Objection to Administrative Detention Decision

Detention of the foreigner in the removal center is based on an administrative detention decision separate from the deportation decision. Filing an annulment lawsuit does not automatically result in the person's release. The conditions of administrative detention and the necessity of its continuation can also be inspected before the criminal judgeship of peace. It can be explained that alternative obligations will be sufficient with address, family, health and regular living documents. For detailed road map Leaving the removal center process should be considered separately.

Attorney Mehmet Emin Kurşun, based on the seven-day case period in deportation decisions, submitted evidence regarding notification, family life, health status and risk of repatriation in a single file. regulates.

Useful Documents to Have in the Case File

What to do after a lawsuit is filed?

The file number is taken, the status of the execution is reported to the relevant authorities, and the court's interim decisions are followed. If information is requested from institutions, it is checked whether the answers are in the file. Address and contact changes must be notified. If the court gives time for additional documents or a statement against the defense, it should not be missed. When the decision is positive, it is recorded in the immigration administration records; when it is negative, the legal remedy and individual application conditions shown in the decision are evaluated separately.

Notification, Translator and File Access

It is important for the foreigner to be informed of the decision, along with its consequences, in a language the foreigner can understand, in order to exercise the right to effective application. If a translator was present in the notification, his name and signature, the language in which the statement was made, and whether a full copy of the decision was given are checked. If the foreigner is illiterate or his health condition prevents signature, it should be examined how this is recorded in the minutes.

The lawyer should try to obtain information about the administrative minutes, law enforcement documents and criminal file, if any, which are the basis of the decision. How documents not shared for confidentiality reasons affect the right to defense is stated in the petition. Providing a concrete response addressing the events and new documents against the administrative defense submitted to the court file later prevents the case from being left with only the first petition.

Implementation of Court Decision

When a cancellation decision is made, the foreigner's record must be updated and the restriction code, if any, and related transactions must be evaluated separately. Notification of the decision to the administration should be monitored and if a new action is instituted, its justification should be examined independently. A court decision may not mean that a residence permit has been granted; The relevant application for the person's legal status in Turkey is made separately.

If the foreigner's residence address, family situation, health conditions or risk regarding the country to be sent changes while the case is ongoing, these developments must be submitted to the court without delay. Rather than simply adding the new document to the file, it explains which aspect of the decision it affects. Responding within the scope of the right to defense in case the administration issues a new justification will contribute to the up-to-date and holistic conduct of the judicial review. They grow.

If the decision is implemented and the person is removed from the country Re-entering Turkey after deportation conditions should be planned separately in the next stage.

Frequently Asked Questions

How many days does it take to object to a deportation decision?

According to current official information, it is seven days from the notification. The decision and notification must be checked on the same day.

Will I be released from the removal center if I file a lawsuit?

Automatically no. It may be necessary to make a separate application against the administrative detention decision.

Can a lawsuit be filed without a lawyer?

Representation is not required by law; However, due to short duration, language and technical procedure, professional assistance may reduce the loss of rights.

What happens if the decision was made to be signed by me without being translated?

This situation can be argued in terms of the right to notification and effective application; How the event occurred must be explained with evidence.

If I have a child who is a Turkish citizen, will the decision be annulled?

No. The best interest of the child is very important, but all concrete circumstances and the justification for the decision are evaluated together.

If the case is rejected, is there any other way?

Upon notification of the decision, open legal remedies, Constitutional Court or international application conditions can be examined in the concrete file.

This article provides general information; It is not a guarantee of legal opinion or outcome. Since the time period for deportation decisions is very short, an updated evaluation should be made immediately on the decision document.