Cancellation of Deportation Decision: Litigation Period, Stay of Execution, and Grounds for Illegality

Deportation decisions issued against foreigners in Istanbul and throughout Turkey are severe administrative actions that terminate an individual's right to remain in Turkey. A deportation decision may be issued by the governorship or the Presidency of Migration Management due to visa violations, expiration of residence permits, working without a work permit, threats to public order or public security, use of fraudulent documents, or the conclusion of the international protection process. However, the presence of a statutory ground for deportation does not necessarily mean that the action is lawful in every specific case.

 

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What is a Deportation Decision and Under What Circumstances is It Issued?

Deportation is an individual administrative act aimed at terminating a foreigner's right to stay in Turkey and removing them from the country. In practice, these decisions are made by the Provincial Directorate of Migration Management. The enforcement of the decision may result in the foreigner leaving the country, being held in a removal center, being banned from entering Turkey for a certain period, and the disruption of their family, educational, professional, or medical life.

The main grounds for deportation enumerated under Article 54 of the Law on Foreigners and International Protection No. 6458 are as follows:

 

Ground for Deportation	Definition	Legal Framework
Visa or Residence Permit Violation	Overstaying the visa period or remaining in the country after the expiration of the residence permit	Law No. 6458 Art. 54/1-a
Unauthorized Employment	Engaging in gainful employment in Turkey without a work permit	Law No. 6458 Art. 54/1-a
Threat to Public Order	Commission of crimes, connection to terrorism, violent behavior	Law No. 6458 Art. 54/1-b
Threat to Public Security	Torture, aiding and abetting torture, threat against state security	Law No. 6458 Art. 54/1-b
Use of Fraudulent Documents	Use of false identity or fabricated documentation	Law No. 6458 Art. 54/1-c
Violation of Entry and Exit Rules	Illegal border crossing, unlawful entry	Law No. 6458 Art. 54/1-d
Post-International Protection	Remaining in Turkey after the final rejection of an international protection application	Law No. 6458 Art. 54/1-e

Critical Point: The mere fact that a deportation ground is listed in the law does not exempt the administration from its obligation to examine whether this ground actually applies to the specific case. The core issue in judicial review is whether the reason asserted by the administration is supported by concrete, person-specific facts, whether the decision contains adequate reasoning, whether notification and application guarantees are ensured, whether the prohibition of refoulement is observed, and whether the measure is proportionate to the foreigner's specific circumstances.

 

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What Lawsuit Must Be Filed Against a Deportation Decision?

The lawsuit to be filed against a deportation decision is an annulment action. The relief sought through an annulment action is the determination of the unlawfulness of the administrative act and its removal from the legal order. This lawsuit does not automatically grant any status regarding the foreigner's stay in Turkey; however, it aims to set aside the unlawful deportation measure.

Pursuant to Article 2 of the İYUK the competent court is the administrative court. It is not possible to file an action for the annulment of a deportation decision before the peace civil court, court of first instance, or criminal court within the judicial judiciary. When determining the authorized court, the governorate that enacted the act, the place where the act was notified to the foreigner, the removal center where the foreigner is held, and the province where the measure is enforced must be evaluated together.

 

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Litigation Period: Seven Days and Commencement of the Period

Pursuant to Article 53 of Law No. 6458, the limitation period for filing an annulment action against a deportation decision is seven days

Matters affecting the commencement of the period:

 

• • The date of service of the original or certified copy of the deportation decision,
  • Date and signature on the service receipt of the decision,
  • Record regarding the service of process conducted through an interpreter,
  • The foreigner's signature and a document indicating that they understand,
  • If service was refused, the report pertaining thereto,
  • Document indicating that information was provided in a language the foreigner understands.

 

The mere formal execution of service may not always indicate that the right to an effective remedy has been provided. In order for the foreigner to effectively utilize the short litigation period, they must be able to understand the grounds upon which the decision was made, which administrative authority they may apply to, and within what timeframe they must file a lawsuit. The ambiguity of the reasoning behind the decision or the failure to provide adequate information in a language the foreigner can understand may give rise to serious legal controversy regarding the right to an effective remedy.

 

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Request for Stay of Execution

It is regulated under Article 53 of Law No. 6458. Filing a lawsuit automatically stays the deportation procedure. However, the foreigner must notify the Provincial Directorate of Migration Management or the Removal Center by submitting the docket endorsement or the lawsuit filing form proving that the lawsuit has been filed. Otherwise, even if a lawsuit has been filed, the foreigner concerned may be deported.

 

Principle of Non-Refoulement

The principle of non-refoulement is the principle that a person shall not be sent to a country where they would be subjected to torture, inhuman or degrading treatment or punishment, or where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group, or political opinion. It is regulated under Articles 4 and 55 of Law No. 6458.

The principle of non-refoulement is not a protection that is solely significant for foreigners who have pending international protection applications. Where any foreigner affected by a deportation procedure asserts that there is a personal and real risk in the country to which they will be sent, the administration is required to seriously assess this allegation.

Documents of significance in substantiating the principle of non-refoulement:

 

• • Passports, identification and citizenship documents,
  • International protection application documents,
  • Documents regarding past detentions, arrests, assaults or threats,
  • Criminal investigations, arrest warrants, court decisions or official records,
  • Documents supporting political, ethnic, religious or social affiliation,
  • Reliable data concerning attacks or pressure directed at immediate family members,
  • Current country-of-origin information reports and human rights organization reports,
  • Expert physician reports regarding trauma, torture or psychological impact,
  • Threat messages, images, digital records and witness statements.

 

 

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Five-Element Review and Grounds for Illegality

In an annulment action, the administrative court evaluates the administrative act based on five fundamental elements:

 

Element	Evaluation Point	Illegality Status
1. Jurisdiction and Competence	Whether the authority issuing the act has jurisdiction/competence	Adoption of a decision by an unauthorized authority or exercise of authority without delegation
2. Form and Procedure	Whether reasoned and comprehensible service of process was carried out and whether an interpreter was provided	Notification of the decision without grounds, failure to provide explanations in the foreigner's language, absence of a service report
3. Ground/Reason	Whether the factual and legal grounds upon which the act is based are concrete and sufficient	Failure to explain the abstract term "public order" with concrete facts, absence of evidence related to the individual
4. Result/Outcome	Whether the outcome resulting from the act complies with legislation and the principle of proportionality	Administrative action yielding severe consequences without regard for family life, health, or childcare
5. Purpose	Whether discretionary power has been exercised for the purpose of public interest	Exercise of administrative discretion in a manner producing arbitrary consequences targeting an individual

 

Deportation Decisions Grounded on Public Order and Public Security

Deportation decisions based on public order and public security grounds constitute one of the most controversial categories of administrative actions in practice. Pursuant to the jurisprudence of the Council of State (Danıştay), while these concepts afford the administration a certain scope of discretion, they do not confer an unlimited and unreviewable power.

Council of State, 10th Chamber, E. 2017/3116, K. 2022/3433, D. 22.06.2022 in its numbered decision, emphasized that the element of cause in an administrative act refers to the factual or legal phenomena that prompt the administration to execute the act. The absence of supporting concrete data other than intelligence-based information and the absence of any criminal investigation or prosecution against the individual were evaluated in terms of the legality of the act.

Council of State, 10th Chamber, E. 2017/2074, K. 2022/1210, D. 08.03.2022 whereas in its numbered decision, it held that, according to the administration, if the public order assessment is of a severe nature, directly connected to the individual, and supported by specific material facts, the mere existence of a residence or work permit held by the foreigner may not automatically render the deportation decision unlawful.

 

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Family Life, Private Life, and the Best Interests of the Child

A deportation decision may have a direct impact on the foreign national’s spouse, children, parents, or other family members in Turkey. The presence of a Turkish citizen spouse or child does not automatically render the deportation proceeding unlawful. However, the administration is obligated to concretely assess the authenticity of the family tie and the impact of the measure on family life.

Key considerations in the assessment concerning family life include:

 

• • The duration of the marriage and whether the parties actually cohabit,
  • The citizenship and residence status of the spouses,
  • The age and number of common children,
  • The educational, medical, and care needs of the children,
  • The nature of the foreign national’s actual relationship with the children,
  • Whether the other parent is capable of solely providing for the care of the children,
  • Whether family unity can be realistically maintained in the country to which the individual is to be removed,
  • The duration of the foreign national’s legal residence in Turkey,
  • The intensity of social, economic, and cultural ties.

 

 

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Health, Pregnancy, and Treatment Circumstances

Article 55 of Law No. 6458 governs that a deportation decision cannot be issued under certain special circumstances. This protection is of paramount importance for individuals whose travel is deemed risky due to serious health conditions, age, or pregnancy, as well as those undergoing ongoing treatment for a life-threatening illness where no treatment facilities are available in the country to which they will be sent.

For objections based on health conditions to be effective, the allegation must be substantiated with medical documents. General statements such as “being ill” or “undergoing treatment” may not be sufficient. Expert physician reports, medical board reports, epicrisis documents, medication usage reports, hospital admission and discharge records, ongoing treatment plans, follow-up and appointment documents, as well as psychiatric or psychological evaluation reports, are of critical importance.

 

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Evaluation of Evidence

The evidence that may be used in an action for the annulment of a deportation decision and evaluated by the court is as follows:

 

Type of Evidence	Matter Proved
Deportation Decision	Date, number, rationale, and legal basis of the administrative act
Notification document and record	Commencement of the limitation period for filing a lawsuit, service of process procedure, and scope of information provided
Interpreter record	Whether the decision was explained in a language the foreigner can understand
Passport and identity documents	Nationality, entry-exit records, and identity verification
Residence permit documents	Legal residence history and status in Turkey
Work permit, employment contract, SSI (SGK) records	Regular employment, economic ties, and claim of work permit
Marriage, civil registry, and birth records	Spouse, children, and family reunification relationship
School enrollment records	Educational status of children and the impact of interference with family life
Medical reports and epicrisis reports	Travel risk, medical treatment necessity, and health-based protection
International protection file	Principle of non-refoulement and personal risk claims
Country of origin information reports	General security and human rights conditions in the destination country
Threats, attacks, or investigation documents	Individual-specific risk of ill-treatment or risk to life

 

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Frequently Asked Questions

 

1. Within How Many Days Must a Lawsuit Be Filed Against a Deportation Decision?

Within seven days. The period begins on the date of notification. It is critical to precisely determine the notification document, record, and date.

 

2. Is the Foreigner Deported When a Lawsuit Is Filed?

Subject to the foreigner's consent, it is a fundamental rule that they shall not be deported within the statutory filing period or, if a lawsuit has been filed, until the conclusion of the proceedings.

 

3. In Which Court Is the Lawsuit Filed?

In the administrative court. The competent court is determined by taking into account the administration that issued the action, the place of notification, the removal center, and the chain of administrative actions.

 

4. Is It Sufficient to Write “Public Order”?

No. The justification of public order must be explained with concrete facts upon which the decision is based. It must be demonstrated in a manner amenable to judicial review due to which specific act, record, investigation, or connection with individuals the foreigner poses a threat to public order.

 

5. Is a Foreigner with a Turkish Citizen Spouse or Child Deported?

Having a Turkish citizen spouse or child does not automatically prevent a deportation decision. However, the administration must concretely examine the authenticity of the family bond, the age and care needs of the children, the possibility of maintaining family unity in another country, and the impact of the decision on family life.

 

6. Does the Cancellation of the Deportation Decision Also Remove the Restriction Code?

Not always. The restriction code, entry ban, and deportation decision can be proceedings with different legal consequences. The effect of the cancellation decision on other proceedings must be evaluated based on the chain of proceedings and the separate legal basis of each proceeding.

 

7. Can Compensation Be Claimed Due to a Deportation Decision?

If pecuniary or non-pecuniary damages have arisen due to an unlawful deportation procedure, a full remedy action (tam yargı davası) may be brought, provided that the conditions are met. However, for a compensation claim, the items of damage, the causal link, and the liability of the administration must also be proven.

 

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Conclusion

Determining whether a deportation decision is lawful relies on the connection to be established among the proceeding document, notification record, personal status documents, family registry records, health data, employment and education records, international protection documents, country information reports, and the concrete data relied upon by the administration. Administrative law attorney consultant By working with us, developing a strong annulment lawsuit strategy within the seven-day litigation period and submitting evidence within the framework of the five-element review will protect the foreigner's rights and freedoms.

 

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About Us – Contact Information

 

Atty. Batın YILMAZ

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