Deportation (Deport) Order and the Revocation of Administrative Detention

Foreign nationals may be deported while within the borders of the Republic of Turkey due to various legal grounds or violations of public order. This process is commonly referred to among the public as a deport order. In order to protect the rights of foreigners against whom deportation proceedings have been initiated, to avoid missing strict deadlines, and to challenge administrative detention orders that restrict personal liberty, it is a legal necessity to work with an expert deportation lawyer. Deportation orders can be annulled through well-grounded objections made against the unlawful administrative act and by filing annulment lawsuits with an explicit request for the stay of execution. Within this scope, contacting a specialized deportation removal lawyer within 7 days from the notification of the deportation order to the foreigner is of vital importance to avoid missing the preclusive legal deadlines.

An administrative detention order is issued against foreign nationals subject to a deportation order, pursuant to Article 57/2 of the Law on Foreigners and International Protection (LFIP) No. 6458. The administrative detention order is put into effect by law enforcement officials (police or gendarmerie) within 48 hours at the latest, and the foreign national is transferred to the Removal Center (GGM) in the respective region.

Due to high density, especially in the Eastern Anatolia and border regions, foreigners are mostly placed under administrative detention within the Van Kurubaş Removal Center, Erzurum Aşkale Removal Center, or Iğdır Removal Center. On the other hand, while the deportation procedures for foreign women transferred from western provinces are carried out through the Silivri Removal Center, the procedures for foreign men are completed within the Çatalca Removal Center.

Foreigners taken to the removal center are deported by law enforcement officials following the completion of administrative procedures. However, if a foreigner applies to the Administrative Court to annul the deportation order and the court grants a stay of execution during this process, the foreigner continues to reside in the country until the adjudication is finalized. It is legally impossible to deport the foreigner until the court establishes a definitive judgment.

While executing the deportation order, the foreign national is taken to a hospital by law enforcement officials for a medical examination, and the necessary health check results are documented in a report. In these operational processes conducted by the Provincial Directorates of Migration Management, foreigners are sent from the removal centers where they are held either to their own countries or to another third country of their choice that will accept them.

Competent and Authorized Court in Deportation Removal Lawsuits

Lawsuits filed for the annulment of deportation (deport) orders must be brought before the Administrative Courts, as these actions constitute administrative acts. The court located where the governorship or the directorate of migration management that issued the deportation order is situated holds jurisdiction. For instance, an annulment lawsuit against a deportation order issued by the Van Governorship or the Van Provincial Directorate of Migration Management must be filed before the Van Administrative Court. Similarly, applications against decisions taken by the governorships of Erzurum or Iğdır are submitted to the Administrative Courts of the respective provinces.

On the other hand, the competent authority for objections to be made against the administrative detention order, which constitutes a restriction of the foreigner's liberty, is the Criminal Judicature of Peace. The authorized court for lawsuits initiated against administrative detention orders is the court of the place where the detention process is physically enforced—meaning where the foreigner is being held. An urgent application for release must be submitted to the Van Criminal Judicature of Peace for a foreigner held in the Van Kurubaş GGM, and to the Aşkale Criminal Judicature of Peace for a foreigner held in the Erzurum Aşkale GGM.

How is a Deportation (Deport) Order Removed?

The procedures for lifting a deportation penalty issued against a foreigner, annulling an entry ban, and halting a deportation execution possess a complex legislative infrastructure. Therefore, obtaining legal support through a deportation removal lawyer, immigration lawyer, or foreigners' law attorney who specializes in the field of foreigners' law is essential for the successful management of the process.

Due to being unfamiliar with the Turkish legislation and facing language barriers, it is highly difficult for foreign nationals to manage and conclude this process successfully on their own. In this administrative process where one races against time, an expert lawyer prevents loss of rights as they are well-versed in both current legal regulations and practical applications within the Removal Centers.

Foreigners present in Turkey are deported if they violate any of the entry bans imposed under Law No. 6458, overstay their visa periods, or jeopardize their residence permits by working illegally. We provide professional legal consultancy services to halt these decisions issued against them, secure a stay of execution guarantee, and ensure their re-entry into Turkey through legal channels.

Is It Possible to Halt a Deportation Order?

A deportation order is an administrative act, and pursuant to the legislation, the departure of the foreigner from airports or border gates is planned for deportation purposes. The foreign national or their authorized deportation removal lawyer may object to this decision within the legal time limit. When an annulment lawsuit is filed with the Administrative Court within the 7-day period starting from the notification of the decision, filing the lawsuit automatically suspends the deportation process (excluding certain exceptional restriction/tahdit codes). The individual can legally continue to remain in Turkey throughout the judicial process.

Among the frequent reasons for the deportation of foreigners are visa overstays or exceeding the duration of the residence permit. Depending on the nature of the violation, a foreigner may be banned from entering the country for a specific period, or entry to the country may be blocked indefinitely due to certain criminal offenses committed. Foreigners who hold a residence permit but lack a work permit and are detected working illegally are also transferred to Removal Centers to be deported in accordance with legal regulations.

For How Long is a Deportation Order Issued?

A entry ban to Turkey ranging from 5 months to 5 years can be imposed on a foreigner subject to a deportation order, depending on the nature and legal grounds of the violation. However, if the foreigner’s reason for deportation is based on a contagious disease that threatens general public health or a severe act that threatens public safety such as terrorism or organized crime, this situation may turn into an indefinite entry ban (restriction code), and its removal is subject to much stricter legal procedures. While durations are kept shorter for simple visa violations, penalties are applied from the upper limit in criminal incidents.

What is an Invitation to Leave Turkey?

Certain foreigners subject to a deportation order may be granted a period of not less than 15 days and up to 30 days to leave the country voluntarily, depending on the nature of their situation. This process is called an invitation to leave Turkey. If foreigners who are issued an invitation to leave Turkey document (exit permit document) depart through border gates within this period, administrative detention provisions such as being taken to a GGM are not applied against them. However, although the invitation to leave is not subject to a fee, the foreign national must pay any past visa violation fines at the border gate, if applicable.

The provisions of an invitation to leave are not applied to foreigners in the following situations, and they are directly transferred by law enforcement to removal centers within 48 hours:

• Those who violate public order or pose a threat to public health or security,

• Those who violate the rules of illegal entry into and exit from Turkey,

• Those who pose a risk of fleeing or disappearing,

• Those who use false or invalid documents (passports, residence cards),

• Those who fail to leave Turkey within the granted period without a justifiable excuse.

What is the Duration of Stay in a Removal Center?

The administrative detention period in removal centers is legally a maximum of 6 months. However, if the administrative procedures are prolonged due to the foreign national's failure to cooperate with their country of origin or providing false/incomplete statements regarding their personal information and passport, this period can be extended for up to an additional 6 months. Pursuant to the legal limit, the duration of retention in a removal center cannot exceed 12 months in total, regardless of the reason.

Administrative Detention Orders and Alternative Measures

The decision to hold an individual under administrative detention is regularly re-evaluated every 30 days by the Provincial Directorate of Migration Management. The decisions regarding continuation or termination are notified to the foreign individual or their legal representative, the deportation lawyer. Foreigners held within a GGM can promptly appeal to the Criminal Judicature of Peace, claiming that the decision is unlawful.

In effective applications to be made through an expert lawyer, it can be requested to apply alternative measures to administrative detention instead of restricting the foreigner's liberty. These alternative measures, which allow a foreign national to continue their life outside instead of staying in a GGM facility, are as follows:

• Electronic monitoring (tracking via an ankle monitor or device),

• Obligation to reside at a specific address (signature obligation),

• Providing a financial guarantee (bail),

• Taking part in voluntary services for public benefit.

Objections made against the administrative detention order to the Criminal Judicature of Peace are decided by the judge within 5 days. Although the decision regarding release or rejection is final, it is possible to re-apply and file an objection to the Criminal Judicature of Peace repeatedly through a lawyer if new, changing conditions (health status, marriage, new evidence) emerge regarding the foreigner's situation or file.

What are Deportation Codes (Restriction Codes)?

The grounds for preventing a foreigner's entry into Turkey or their deportation are symbolized by a deportation code (restriction code) processed into their system. Among the most frequent questions asked by clients reaching our law office are: "how do I find out my deportation code?", "how is a deport check performed?", and "how is a restriction code removed?".

An experienced lawyer develops a specific objection strategy according to the specific restriction code processed into the foreigner’s passport or migration management database, and prepares the petitions to be submitted to the court according to the legal nature of this code.

What are the Most Frequently Encountered Restriction and Deportation Codes?

• V-68: Those whose residence permit is subject to ministry ministerial approval

• V-69: Foreigners whose residence permits have been canceled

• V-70: Those attempting to obtain a residence permit through a fraudulent/sham marriage

• V-71: Those who fail to report an address change or provide a false address declaration

• V-74: Foreigners whose departure from the country must be notified to ministries or governorships

• V-84: Those entering on the condition of obtaining a residence permit within 10 days

• V-87: Temporary protection holders (Syrian nationals, etc.) who make a voluntary return

• V-88: Foreigners whose work permits have been invalidated

• V-137: Those invited to leave Turkey

• V-154: Those applying to the administrative court against a deportation order

• V-157: Foreigners whose residence permit applications have been rejected

• G-26: Allegations of illegal organization activities

• G-42: Crime of drug trafficking or drug use

• G-43: Smuggling offenses

• G-48: Allegation of mediating prostitution and providing space

• G-78: Foreigners carrying contagious diseases

• G-82: Those acting against national security

• G-87: Individuals deemed to pose a danger to general security (This is a Critical Code)

• Ç-101 / Ç-102 / Ç-103 / Ç-104 / Ç-105: Entry bans to Turkey ranging from 3 months to 5 years depending on the duration of the visa, residence, or work permit violation

• Ç-113: Those entering or exiting the country through illegal channels

• Ç-114: Foreigners against whom judicial proceedings have been initiated

• Ç-115: Foreign nationals discharged from prison

• Ç-117: Those working illegally and without a permit

• Ç-120: Those who fail to pay the administrative monetary fine resulting from a viza or residence violation

• Ç-150: Those attempting to enter the country with a forged document

• Ç-151: Alleged migrant smugglers or human traffickers

• N-82: Approval code requiring prior permission for entry

• N-99: Restriction imposed due to an Interpol search code

How to Get Out of a Removal Center?

The release and recovery of liberty of a foreigner held under administrative detention in a removal center is possible through the Criminal Judicature of Peace objection process to be conducted by a professional deportation removal lawyer. The judicature reviewing the objection is legally required to render a decision within 5 days. If the objection to be made is far from cliché phrases, is based on concrete evidence, proves that the foreigner poses no risk of fleeing, and complies fully with the LFIP legislation, the administrative detention order is lifted, and the release of the foreigner is secured.

Who Covers the Travel Expenses of Deported Foreigners?

The return ticket and travel expenses to the country of origin of a foreign national whose deportation has been decided are primarily covered by the individual themselves. If the foreigner lacks financial means, the expenses are paid from the budget of the Directorate General of Migration Management. However, unless these travel expenses covered by the state are reimbursed, the foreign national is not permitted to re-enter Turkey through legal means in the future. Cash money, passports, or convertible valuable documents found on the foreigner can be utilized by the administration to cover ticket expenses in deportation procedures.

You may contact us to find out the duration of your entry ban to Turkey, to query your current restriction codes, to annul unjust deportation decisions, and to secure the urgent release of your relatives held in Removal Centers by obtaining professional legal support and litigation management services.