Istanbul Deport Lawyer

Anasayfa / Makalelerimiz / Istanbul Deport Lawyer

Istanbul Deport Lawyer

Istanbul Deport Lawyer Guide: What You Need to Know Against Deportation Decisions

Deportation can be a situation that affects many foreigners. But  knowing about amnesty and other legal processes for foreigners deporting in Istanbul in 2023 can help you turn this situation around.

Migration Management Deport Inquiry: What to Do?
If you think you have been deported, the first step should be to  carry out the deportation inquiry procedures at the Migration Management. This is critical for you to understand what stage your condition is at.

Deport Removal and Selection of Istanbul Deport Lawyer A
Deport Removal Fee may be required to remove  the deport decision. You can seek the help of a deport lawyer for the updated fees in 2023.  Choosing the right Istanbul deportation lawyerallows the process to proceed faster and more efficiently.

2023 Amnesty for Deported Foreigners: Who Can Benefit?
This year,  there are no regulations under the amnesty 2023 for deported foreigners. However, in the continuation of our article, we will specify in detail what are the rights recognized within the scope of the appeal against the deportation decision.


Deportation can be a stressful process. However,  by working with a lawyer who specializes in issues such as an Istanbul residence permit lawyer  or a visa problems lawyer, you can get through this process more easily and successfully.

What can be done against the deportation order?

Deportation is an issue that worries many foreigners. But for every foreigner, this decision is not automatic. Deportation decisions are not taken for foreigners with some special conditions in Turkey. So, who is covered and what rights do you have in this regard?

Foreigners for whom a deportation decision will not be taken:

  1. Risk of Death Penalty or Torture: If there is a risk that a foreigner will be subjected to the death penalty, torture or inhuman treatment in the country to which he is to be deported, a deportation decision will not be made for that foreigner.
  2. Health and Travel Risks: Foreigners who are deemed risky to travel due to age, pregnancy or serious health problems are not deported.
  3. Life-Threatening Illnesses: This decision is not made for those who have a life-threatening illness that does not have the possibility of treatment in the country to which they will be deported.
  4. Victims of Human Trafficking: Foreigners who are victims of human trafficking and who benefit from the victim support process are not deported.
  5. Victims of Violence: Victims of psychological, physical, or sexual violence are not deported until their treatment is complete.

The status of each foreigner who meets these criteria is evaluated individually. These foreigners may be asked to reside at a certain address or to give notice at regular intervals. If evidence can be presented on any matter relating to these conditions, the deportation order may be annulled in the administrative court.

In conclusion, it is essential that foreigners who are concerned about deportation learn about their rights by taking into account the above-mentioned articles and take appropriate steps to protect these rights. It is inevitable that legal aid will be given to someone who has one of these conditions. In this case, do not hesitate to contact our law office.

Who is being deported?

Deportation is a circumstance that states that individuals cannot continue to stay in a country legally. In Turkey, there are some specific categories of individuals who need to be deported. Here are the details about these categories:

  1. Criminal Individuals: Those who are considered to be in need of deportation under Article 59 of Law No. 5237.
  2. Associated with Terrorism or Criminal Organizations: Those who are the director, member, supporter or director, member or supporter of a terrorist organization for the purpose of profit.
  3. Misleading Information and Documents: Those who use false information and fake documents for entry, visa and residence permits to Turkey.
  4. Illegitimate Income: Those who make a living illegally during their stay in Turkey.
  5. Public Threat: Those  that pose a threat to public order or public safety or public health.
  6. Visa Violations: Those who exceed the visa or visa exemption period by more than ten days or whose visa has been canceled.
  7. Residence Permit Violations: Those whose residence permits have been canceled and those who have a residence permit but violate the residence permit period for more than ten days without acceptable justification from the expiry of the expiration.
  8. Unauthorized Work: Those who are found to be working without a work permit.
  9. Illegal Entry-Exit: Those who violate or  attempt to violate the provisions of lawful entry into or lawful exit from Turkey.
  10. Entry Ban Holders: Those who are found to have come to Turkey despite being banned from entering Turkey.
  11. International Protection Violations: Those whose applications for international protection have been rejected, who have been excluded from international protection, whose applications have  been considered inadmissible, who have withdrawn their applications, whose applications have been deemed to have been withdrawn, whose international protection status has expired or who have been revoked, who do not have the right to stay in Turkey in accordance with the other provisions of this Law after the last decision given to them.
  12. Those Who Comply with the Residence Permit Extension Refusal: Those whose residence permit extension applications have been rejected, who have not left Turkey within ten days.

Against Whom An Administrative Detention Decision Is Taken and Who Is Sent To The Removal Center?

It is not obligatory for all foreigners against whom a deportation order has been taken to be sent to the removal center. However, an administrative detention decision may be taken for those who meet certain criteria among the persons who have been deported to the deportation. The main reasons for the decision to decide on administrative detention are set out in Article 57/2 of the Law on Foreigners and International Protection (YUKK). Here are the reasons:

  1. Those at Risk of Escape and Disappearance: Aliens who have been ordered to be deported are considered to be at risk of escaping or disappearing.
  2. Violators of Entry and Exit Rules: Foreigners who violate the entry or exit provisions to Turkey.
  3. Misleading Information and Documents: Foreigners who use false or unsubstantiated documents.
  4. Those Who Do Not Leave the Country: Those who are deported and invited to leave Turkey, who do not leave Turkey within the specified period.
  5. Threats to Public Order, Security or Health: Foreigners who pose a danger to public order, public safety or public health.

Along with these articles, there is information on the reasons for administrative surveillance in the Implementing Regulation as well as the YUKK. For example, among the foreigners whose residence permit has been revoked, those who use false or unsubstantiated documents or those who are found to pose a danger to public order, public security and public health may be placed under administrative detention (Uy.Yön. art. 59/2).

Based on this information, there is a tight link between the decision to take administrative detention and the status of being sent to the removal centre. If you need more information or help with this, please contact us.

 

What Can Those Who Violate Legal Entries and Exits to Turkey Do?

Some foreigners may face the risk of deportation if they violate legal entry or exit to Turkey. However, in the case of certain special circumstances of these persons, the deportation process may be suspended or postponed. These exceptions include the following:

  1. Serious Indication: Those who are at risk of being subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they are to be deported.
  2. Health and Physical Conditions: Those who are considered risky to travel due to serious health problems, age and pregnancy; those who do not have the opportunity to be treated in the country where they will be deported while the treatment process is ongoing.
  3. Trafficking Victims: Trafficked persons who benefit from the victim support process.
  4. Victims of Violence: Victims of psychological, physical, or sexual violence should not be deported until their treatment is complete.

A separate assessment is made for each of these foreigners. They may be required to reside at a certain address, to give notice at certain time intervals.

However, in accordance with Law 54/1-h on Foreigners and International Protection (YUKK), administrative detention orders can also be issued for foreigners who violate the legal entry and exit rules. Depending on the situation of the stranger, this can happen in two different ways:

  • Direct deportation and administrative detention orders may be issued for foreigners who violate legal entry and exit rules.
  • A foreigner who has been ordered on the basis of a different reason for deportation must leave the country within this period if he has been granted a certain period of time, or if there is no specified period, immediately in accordance with the legal exit rules. If he does not comply with the rules of lawful exit, he may be placed under administrative custody.

For this reason, foreigners who violate the legal entries and exits to Turkey should know their situation and rights in detail and seek legal assistance.

 

Deportation and Rights of Users of Forged Documents or Misleading Documents

The use of false documents or misleading information is among the situations that may lead to the deportation of foreigners in Turkey. Here are the main points to consider in this regard:

  1. Use of Forged or Unsubstantiated Documents: In accordance with the Law on Foreigners and International Protection (YUKK), foreigners who use false or unsubstantiated documents are listed among the reasons for administrative detention. However, Article 57 did not specifically specify in which terms the foreigner whose deportation was ordered must have used such documents. However, in a general way, those who use false information or fake documents for entry, visa and residence permits to Turkey are among the reasons for deportation.
  2. Presence of Caste: If the foreigner gives false information or uses false documents, there must be evidence that this act was done deliberately. If it turns out that the foreigner has been misinformed or submitted false documents through no fault of his own, the foreigner will not be deported and will not be placed under administrative detention.
  3. Deadlines and Acceptable Excuses: In accordance with Article 56 of the YUKK, foreigners may be granted a period of 15 to 30 days. During this period, an administrative detention decision may be issued for foreigners who do not leave the country without an acceptable excuse. However, there is no clear definition of what is considered an acceptable excuse. The stranger must present this excuse and prove the truth of this excuse. If an acceptable excuse is presented, an administrative detention order cannot be issued against this foreigner.

Finally, it is important that foreigners who encounter such situations get help from a lawyer who is specialized in the subject in order to respect their rights and not to be a victim in the legal process.

 

How Long Can a Person Remain Under Administrative Detention? How Long Can the Removal Centre Detain a Person?

Administrative detention is part of the process of deportation of foreigners in Turkey. The basic information and periods to be considered in this process are as follows:

  1. Administrative Detention Decision: The decision of  administrative detention is made by the governorates who are authorized in terms of the place specified in the deportation decision. That is, the competent authority for this process is the governorates.
  2. Referral to Removal Center: Foreigners who have been given an administrative detention decision should be taken to the designated removal centers within forty-eight hours after this decision is taken. This is clearly stated in Article 57, paragraph 2 of the YUKK.
  3. Duration of Administrative Detention: A foreigner who is placed under administrative detention may, as a rule, be held in the removal center for a maximum of six months. However, this period may be prolonged in some cases. If the deportation proceedings cannot be completed due to the foreigner's failure to cooperate or to provide accurate information or documents relating to his or her home country, this period may be extended for a maximum of six months. This is clearly stated in Article 57, paragraph 3 of the YUKK. This means that a foreigner can be deprived of his liberty for a maximum of one year without a court order, only by an administrative decision.

These processes can be complex and delicate, so it is advisable for foreigners to seek professional help to protect their rights during this time. At this point, a deport lawyer, especially  specialized legal professionals such as an Istanbul deport lawyer  or a removal center lawyer, play an important role in defending the rights of foreigners.

 

Advocacy Services in the Field of Immigration Law in Istanbul

Turkey has become a center of migration movements in recent years, which has increased  the demand for lawyers who specialize in issues related to immigration law. For foreigners seeking help in Istanbul for issues such as  the cancellation of deportation orders, residence permit applications  or visa problems, it is common to seek an Istanbul deportation lawyer  or deportation lawyer in Istanbul. In this context,  professionals such as immigration counselling services and foreigners' rights lawyers undertake the task of protecting and directing the rights of foreigners.

 Professionals who serve as both foreigners law and asylum law lawyers provide a wide range of services from the appeal processes of the Directorate General of Migration Management to the duties of the deportation appeal lawyer. Especially  for foreigners who are in search of an Istanbul residence permit lawyer  or an anti-deportation lawyer, the support of these professionals can be vital. Providing legal assistance for foreigners,  these experts  have in-depth knowledge in the field of foreigners and international protection law, enabling individuals to defend their rights in the best possible way. In addition, the demand for specialists, especially the Istanbul foreign rights lawyer  or visa problems lawyer, is increasing due to the continuous growth of the international communities in the city.

The fact that Turkey is at the center of migration movements  has increased the demand for migration lawyers. In many cities, especially in Istanbul, there are lawyers who provide legal consultancy services for foreigners and individuals under international protection. These lawyers provide professional support by addressing the legal problems faced by foreigners in Turkey, such as residence permits, visa procedures, and the risk of deportation.

Lawyers operating in this field, especially in Istanbul, have in-depth expertise in immigration law issues that have become complex. Professionals serving as immigration lawyers provide  guidance on the legal problems experienced by foreigners in Turkey, defend their rights and represent them in courts when necessary. If you are looking for a lawyer who specializes in immigration law  in Istanbul, Enes Nergiz's article titled "Istanbul Immigration Lawyer" offers in-depth information on this subject. The article covers many issues, from the role of the immigration lawyer to the most common legal issues faced by foreigners. For those seeking professional support on migration law in and around Istanbul, this article is an important resource to refer to.

 

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