The deportation process is regulated in the Fourth Chapter titled Deportation of the Second Part titled Foreigners of the Foreigners and International Protection Law No. 6458 (YUKK), between articles 52 and 60.
 
Deportation Decision

It is applied to those who violate the reasons set out in Article 54 of the LFIP. According to the clear letter of the law, this decision can only be made by governorships. The evaluation and decision phase of the deportation decision takes a maximum of 48 hours.

Those Who Will Be Deported

If one or more of the situations specified in Article 54 of the Law occur, the governorship must take a deportation decision, without prejudice to the provisions of Article 55 of the LFIP.
The following are the people listed in the first paragraph of Article 54 of the LFIP, and a deportation decision is taken against them.
 
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a) Those who are considered to be deported within the scope of Article 59 of Law No. 5237 (Art. 54/1-a),

b) Those who are managers, members or supporters of a terrorist organization or a profit-oriented criminal organization (Article 54/1-b),
c) Those who use unreal information and forged documents in transactions for entry to Turkey, visa and residence permits (Art. 54/1-c),
ç) Those who earn their living through illegitimate means during their stay in Turkey (Article 54/1-d),
d) Those who pose a threat to public order or public security or public health (Article 54/1-d),
e) Those who have exceeded their visa or visa exemption period for more than ten days or whose visa has been canceled (Article 54/1-e),
f) Those whose residence permits have been canceled (Art.54/1-f),
g) Those who have a residence permit but violate the residence permit period for more than ten days without an acceptable justification after its expiration (Art. 54/1-g),
g) Those who are found to be working without a work permit (Art. 54/1-ğ),
h) Those who violate the provisions of legal entry into or legal exit from Turkey (Article 54/1-h),
i) Those who are determined to have come to Turkey despite the fact that there is a ban on entry to Turkey (Article 54/1-ı),
k) Those whose international protection applications have been rejected, those who have been excluded from international protection, those whose international protection applications have been deemed unacceptable, those who have withdrawn their international protection applications, those whose international protection applications have been deemed to have been withdrawn, those whose international protection statuses have expired or been cancelled, and those who are subject to other provisions of Law No. 6458 after the last decision. Those who do not have the right to stay in Turkey according to its provisions (Article 54/1-i),
j) Among those whose residence permit extension applications are rejected, those who do not leave Turkey within ten days (Art. 54/1-j).
k) (Added: 3/10/2016-KHK-676/36 art.; Accepted verbatim: 1/2/2018-7070/31 art.) Those who are considered to be associated with terrorist organizations defined by international institutions and organizations

2) (Amended: 3/10/2016-KHK-676/36 art.; Accepted as is: 1/2/2018-7070/31 art.) Paragraphs (b), (d) and (k) of the first paragraph of this article Deportation decisions may be taken at any stage of international protection procedures for international protection applicants or persons with international protection status who are considered to be within the scope of international protection.

Those Who Will Not Be Deported

  Even if they are within the scope of Article 54, no deportation decision will be taken for the following foreigners:
a) Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they will be deported (Article 55/1-a),
b) Those whose travel is considered risky due to serious health problems, age and pregnancy (Art. 55/1-b),
c) Those who are not able to receive treatment in the country to which they will be deported while their treatment for life-threatening diseases is ongoing (Article 55/1-c),
d) Victims of human trafficking who benefit from the victim support process (Art.55/1-d),
e) Victims of psychological, physical or sexual violence until their treatment is completed (Art. 55/1-d).
The evaluation as to whether they are within the scope of Article 55 is made separately for each foreigner. In order for these foreigners to stay in the country, they may be given a humanitarian residence permit in accordance with Article 46 of the LFIP, and they may be asked to reside at a certain address and to make notifications in the required form and period.
If these situations come to an end, a deportation decision will be taken for these foreigners.

Judicial Recourse Against Deportation Decision
 
The deportation decision, together with its justifications, is notified to the foreigner about whom the deportation decision was made or to his legal representative or lawyer. If the foreigner for whom a deportation decision has been taken is not represented by a lawyer, he or his legal representative will be informed about the outcome of the decision, objection procedures and deadlines.
 
Application to the administrative court and its features:
 
The foreigner or his legal representative or lawyer may apply to the administrative court against the deportation decision within seven days from the notification of the decision.
The person who applies to the court also notifies the authority that made the deportation decision of his application.
Applications made to the court are concluded within fifteen days.
The court's decision is final.
Provided that the consent of the foreigner is reserved, the foreigner shall not be deported within the period of filing a lawsuit or until the trial is concluded in case of legal action.
 
Invitation to Leave Turkey
 
Those who are subject to a deportation decision are given a period of not less than fifteen days but up to thirty days to leave Turkey, provided that it is stated in the deportation decision.
People who are given time to exit Turkey are given an "Exit Permit Certificate", which is not subject to any fees.
Among those invited to leave Turkey, an entry ban decision may not be taken for those who leave the country within the time limit.
Foreigners who do not leave Turkey within the prescribed period are placed under administrative detention.
The following persons are not invited to leave Turkey and the above-mentioned period is not applied to them:
a) Those who are at risk of escaping or getting lost,
b) Those who violate legal entry or legal exit rules,
c) Those who use fake documents,
d) Those who try to obtain a residence permit with false documents or are detected to have obtained one,
e) Those who pose a threat to public order, public security or public health.

Administrative Detention and Duration for Deportation
 
Administrative Surveillance Decision
Among those for whom deportation decisions have been made, administrative detention decisions are taken by the governorship for the following:
Those who are at risk of escaping or getting lost,
Those who violate the rules of entry or exit to Turkey,
Those who use fake or unfounded documents,
Those who do not leave Turkey within the given time without an acceptable excuse,
Those who pose a threat to public order, public security or public health.
Those for whom an administrative detention decision has been taken are kept in Removal Centers (GGM).
The administrative detention period at GGM cannot exceed six months. However, this period can be extended for a maximum of six months if the deportation procedures cannot be completed due to the foreigner not cooperating or not providing correct information or documents about his country.
Whether there is a necessity for continuing administrative surveillance is evaluated regularly every month by the governorship. When deemed necessary, a thirty-day period cannot be waited.
Those whose continued administrative detention is deemed not to be necessary are immediately reported to the Ministry. If the Ministry deems it appropriate, the administrative detention decision on the foreigner is lifted. Alternative obligations to administrative detention are imposed on these foreigners in accordance with Article 57/A of the law.
 
Alternative obligations to the following administrative detention may be imposed on foreigners listed in the second paragraph of Article 57 of LFIP No. 6458 or whose administrative detention has been terminated.
A) Residence at a certain address
B) Making a notification
C) Family-based return
C) Return consultancy
D) Taking part in public interest services on a voluntary basis
E) Collateral
F) Electronic monitoring
 
If one or more alternative obligations to administrative detention are imposed on the foreigner, this period cannot exceed 24 months.
Foreigners who do not comply with alternative measures to administrative detention may be placed under administrative detention.
The foreigner who is subject to electronic monitoring obligation or his legal representative or lawyer may appeal to the Criminal Judge of Peace against this decision. The application does not stop the administrative obligation to which the foreigner is subject. The Criminal Judge of Peace concludes the examination within five days. The decision of the Criminal Judge of Peace is final.
 
Voluntary Return
In-kind or cash support may be provided to irregular immigrants who have been subject to a deportation decision and who want to voluntarily return to their country of origin, as deemed appropriate by the General Directorate.
Studies on the voluntary return of irregular immigrants can be carried out in cooperation with international organizations, public institutions and organizations and non-governmental organizations.

Judicial Recourse Against Administrative Detention Decision
The administrative detention decision, the extension of the administrative detention period and the results of the regular monthly evaluations are notified to the foreigner or his legal representative or lawyer, together with the justification. At the same time, if the person under administrative detention is not represented by a lawyer, he or his legal representative is informed about the outcome of the decision, objection procedures and deadlines.

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Application to the criminal judge of peace:
The person under administrative detention or his legal representative or lawyer may appeal to the criminal judge of peace against the administrative detention decision.
The application does not stop administrative detention.
If the petition is submitted to the administration, the petition is immediately delivered to the authorized criminal judge of peace.
The criminal judge of peace concludes the examination within five days.
The decision of the criminal judge of peace is final.
The person under administrative detention or his legal representative or lawyer may apply to the criminal judge of peace again, claiming that the conditions of administrative detention have been eliminated or changed.
Those who apply to the judiciary against the administrative detention process and who do not have the opportunity to pay attorney fees are provided with legal services upon their request, in accordance with the provisions of the Attorneyship Law No. 1136 dated 19/3/1969.
 

Execution of the Deportation Decision
Foreigners at the repatriation center are taken to the border gates by the law enforcement unit.
Foreigners who will be deported without having to be transferred to deportation centers are taken to the border gates by law enforcement units under the coordination of the General Directorate's provincial organization.
The General Directorate may also cooperate with international organizations, relevant country authorities and non-governmental organizations regarding deportation procedures.

Travel Expenses of the Foreigner to be Deported
Foreigners' passports or other documents may be kept until deportation, and their tickets may be converted into cash to be used in deportation proceedings.
It is essential that the travel expenses of the foreigners to be deported are covered by themselves. If the foreigner's current money is sufficient to cover the travel expenses, all of the travel expenses are covered by him/her and the remaining amount is left to the foreigner. If the foreigner does not have any money, travel expenses are covered by the general directorate. However, if the foreigner has some money and the available money is not enough to cover all travel expenses;
1) Travel expenses are covered by the General Directorate, and the foreigner's existing money is left to him in an amount sufficient to meet the basic needs of the foreigners to be deported, determined by the General Directorate at the beginning of each fiscal year, and the remaining part is recorded as income to the Treasury in return for travel expenses.
2) If the foreigner's current funds are below the amount sufficient to meet basic needs, the entire travel expenses are covered by the General Directorate and his current funds are left to him.
Unless deportation travel expenses are reimbursed; Foreigners may not be allowed to enter Turkey. If no other prohibition is imposed on the foreigner, the restriction is lifted and they are allowed to enter our country within the framework of the general visa provisions, provided that they pay the expenses.
Expenses incurred due to deportation are a public receivable in accordance with the first article of Law No. 6183 and will be collected by the finance offices. Pursuant to Article 104 of the Law No. 6183 on the Collection of Public Receivables, the statute of limitations will not run for this receivable since the debtor is in a foreign country. For this reason, there is no obstacle to placing an indefinite restriction on the foreigner.
Natural or legal persons are obliged to pay the deportation expenses of foreigners whose stay or return they guarantee. Regarding the obligations of employers or employer representatives who employ foreigners without permission regarding the deportation procedures of the foreigner, the 5th paragraph and 9th article of the 23rd article of the International Labor Law No. 6735. provisions are applied. Within the scope of this provision, an employer or employer's representative who employs a foreigner who does not have a work permit will be fined 6 thousand TL for each foreigner. The employer or the employer's representative must cover the accommodation expenses of the foreigner who does not have a work permit and his/her spouse and children, if any, the expenses necessary for their return to their country and, when necessary, their health expenses. If these expenses, costs and expenses are covered from the budget of the General Directorate of Migration Management, the amounts paid in accordance with this article will be collected from the employer or the employer's representative in accordance with the Law No. 6183 on the Collection Procedure of Public Receivables dated 21/7/1953. The procedures and principles regarding the implementation of this paragraph are determined jointly by the Ministry of Internal Affairs and the Ministry.

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