Challenging a Deportation Order

Deportation is an administrative procedure by which a foreign national is removed from Türkiye and sent to their country of origin, a transit country, or a third country. This decision is often enforced together with administrative detention and a subsequent entry ban, and it directly affects the foreign national's family, work, and educational life. Because the statutory period for appealing a deportation decision is very short, you need to act quickly from the moment the decision is served.

On this page, we explain how a deportation decision is issued, who cannot be deported, the litigation process, objections to administrative detention, and entry bans within the framework of Law No. 6458 on Foreigners and International Protection (LFIP).

How Is a Deportation Decision Issued?

Under Article 53 of the LFIP, a deportation decision is issued by provincial governorships, either upon the instruction of the Presidency of Migration Management or on their own initiative. The decision is served, together with its reasons, on the foreign national or their legal representative or lawyer. If the foreign national is not represented by a lawyer, they or their legal representative are informed about the outcome of the decision and about the objection procedures and time limits.

Article 54 of the LFIP lists the foreign nationals who are to be deported. Some of them are as follows:

• Those who are leaders, members, or supporters of a terrorist organization, or leaders, members, or supporters of a profit-oriented criminal organization
• Those who pose a threat to public order, public security, or public health
• Those who have overstayed their visa or visa exemption period, or the validity period of their visa, by more than the period specified in the law
• Those found to be working without a work permit
• Those who violate the rules on legal entry into or legal exit from Türkiye, or who attempt to violate these provisions
• Those whose residence permits have been cancelled

For cases arising from unauthorized work, our page on work permits for foreigners may be helpful; for cases arising from the refusal or cancellation of a residence permit, see our article on what to do if a residence permit is refused.

Who Cannot Be Deported?

Article 55 of the LFIP provides that a deportation decision cannot be issued against certain foreign nationals, even if they would otherwise be subject to one. In this context:

• Those for whom there are serious indications that they would face the death penalty, torture, or inhuman or degrading punishment or treatment in the country to which they would be deported
• Those for whom travel poses a risk because of a serious health condition, age, or pregnancy
• Those who are undergoing treatment for a life-threatening health condition and for whom treatment is not available in the country to which they would be deported
• Victims of human trafficking who are benefiting from the victim support process
• Victims of psychological, physical, or sexual violence, until their treatment is completed

The existence of these circumstances must be demonstrated with concrete documents in the petition. Medical reports, up-to-date country condition reports, and evidence of personal risks are important in this regard.

Lawsuit Against a Deportation Decision: The 7-Day Deadline

Under Article 53/3 of the LFIP, the foreign national, their legal representative, or their lawyer may apply to the administrative court against the deportation decision within seven days of the decision being served. The person who applies to the court also notifies the authority that issued the decision. According to the paragraph as restructured by Law No. 7533 in 2024, the administrative court concludes the application within fifteen days of the file being complete (or, if an interim decision or hearing is required, of the completion of these); holding a hearing is at the court's discretion, and the court's decision on this matter is final.

According to the law, without prejudice to the foreign national's consent, the foreign national is not deported during the period for filing a lawsuit or, if legal action is taken, until the proceedings are concluded. Because the scope of this safeguard has been amended several times through legislative changes in the past, the current practice should be checked separately for the specific file, particularly in decisions based on public order or security grounds, and the basis on which the decision was made must be correctly identified from the outset.

What Should Be Considered in the Petition?

1. Reasons for the decision: We examine whether the subparagraph of Article 54 of the LFIP relied upon genuinely matches the specific case.
2. Service of notice: We check whether the decision was properly served and whether the foreign national was informed in a language they understand.
3. Proportionality: The foreign national's personal circumstances, such as length of stay in Türkiye, family ties, children, work, and education, are assessed to determine whether the decision is proportionate.
4. Non-refoulement: If there is a risk of serious harm in the country to which the person would be sent, this risk is demonstrated with documents.
5. Public order assessment: If the security threat rationale consists only of abstract statements, we request that concrete information and documents be submitted to the file.

Administrative Detention and Objections

Under Article 57 of the LFIP, an administrative detention decision may be issued for foreign nationals who present a risk of absconding or disappearing, who violate entry or exit rules, who use forged documents, or who pose a threat to public order, and the person may be held in a removal center. According to the law, the administrative detention period cannot exceed six months; if deportation procedures cannot be completed because the foreign national does not cooperate or does not provide accurate information, this period may be extended by up to six more months. The governorship regularly reviews the necessity of continuing detention every month.

The person placed in administrative detention, their legal representative, or their lawyer may apply to the criminal judgeship of peace against this decision; the application does not automatically suspend the detention. The judge is expected to conclude the review within five days, and the decision is final. It is also possible to reapply on the claim that the conditions for administrative detention no longer exist. Article 57/A of the LFIP also allows alternative obligations, such as residence at a specified address, reporting duties, bail, or electronic monitoring, to be applied instead of administrative detention.

Entry Ban and Other Legal Remedies

Under Article 9 of the LFIP, an entry ban to Türkiye is imposed on deported foreign nationals. The entry ban lasts for a maximum of five years; if there is a serious threat to public order or public security, this period may be increased by up to ten more years. The law also provides that, in certain cases (e.g., for those who leave the country within the allotted time), an entry ban may not be imposed. You may apply to the administration to have the entry ban lifted or shortened, and if the application is rejected, the administrative judicial route is open. Since the administrative court's decision is final, in files involving claims of fundamental rights violations, an individual application to the Constitutional Court and, where necessary, a request for an interim measure may also be considered. For other topics in migration and immigration law, please see our Migration and Foreigners Law page.

How Our Office Can Help

We provide support in filing lawsuits against deportation decisions, objecting to administrative detention, requesting alternative obligations, and applying for the lifting of entry bans. Every case is unique; the reasons for the decision, the foreign national's ties to Türkiye, and personal risks must be assessed concretely.