Irregular Migration

It must be concluded within 48 hours at the latest.

Foreigners can be deported to their country of origin, to the country they will transit to, to the country they transited through to come to Turkey, or to another third country with a deportation decision.

The 48-hour period begins from the moment all necessary documents required for the delivery of foreigners to the provincial migration management directorate by law enforcement are prepared and delivered to the provincial migration management directorate; or in case the foreign national is directly determined by the provincial migration management directorate to be within the scope of Article 54 of the Law, it begins from the moment the foreigner is present at the provincial migration management directorate.

The evaluation regarding the deportation decision should essentially be completed in the province where the foreigner was processed, caught, or identified.

Depending on the administrative and physical capacity and other factors in these places, upon the request of the governorship and with the permission of the Presidency, when necessary, these foreigners are transferred by law enforcement officers to the provincial or district migration management directorate or removal center in the nearest province to where they were caught for evaluation regarding their deportation decision.

The deportation decision is made by the governorship of the province where the foreigner was caught, processed, or identified, either ex officio or upon instruction from the Presidency.

The deportation decision is made separately for each foreigner.

The decision, along with its justifications, is notified to the foreigner subject to the deportation decision or to their legal representative or lawyer. If the foreigner subject to the deportation decision is not represented by a lawyer, they or their legal representative are informed about the consequences of the decision, appeal procedures, and deadlines.

The procedure is immediately withdrawn by the authority that made the deportation decision.

The foreigner or their legal representative or lawyer can apply to the administrative court within seven days from the notification of the deportation decision.

It concludes within fifteen days.

The decision given by the court on this matter is final.

It is necessary for the foreigner who applies to the administrative court against the deportation decision to inform the authority that made the deportation decision.

In case of application to the administrative court against the deportation decision, the execution of the deportation procedure is automatically suspended.

Subject to the foreigner's consent, the foreigner is not deported "within the lawsuit filing period" or "until the litigation concludes in case of appeal to judicial channels."

Time from not less than fifteen days up to thirty days is given.

Time is not given to those with risk of escape and disappearance, those who violate legal entry or legal exit rules, those who use fake documents, those who try to obtain or are found to have obtained residence permits with false documents, those who pose a threat in terms of public order, public security, or public health.

An Exit Permit Document, not subject to any fee, is given to persons granted time to exit Turkey.

Foreigners subject to administrative supervision decisions are taken to removal centers within forty-eight hours by the law enforcement unit that made the arrest. However, if the evaluation regarding the deportation decision is to be made in a place different from the province where the arrest took place, law enforcement units in that province can also carry out the transfer to the removal center.

Whether there is necessity for the continuation of administrative supervision is regularly evaluated monthly by the governorship.

The continuation of administrative supervision might not be deemed necessary in cases where it is foreseen that the deportation decision cannot be implemented within 6 months from the time the foreigner was placed under administrative supervision, when it is understood that the foreigner under administrative supervision falls within the scope of Article 55 of the Law, when the risk of escape and disappearance that formed the basis for the administrative supervision decision under the second paragraph of Article 57 of the Law is eliminated, or when the foreigner applies for voluntary return support.

The administrative supervision period in removal centers cannot exceed six months. However, this period can be extended for a maximum of six more months if deportation procedures cannot be completed due to the foreigner's lack of cooperation or failure to provide correct information or documents about their country.

The administrative supervision decision, extension of the administrative supervision period, and results of monthly regular evaluations are notified to the foreigner or their legal representative or lawyer along with justifications.

The person placed under administrative supervision or their legal representative or lawyer can apply to the criminal magistrate against the administrative supervision decision.

The application does not suspend administrative supervision. The criminal magistrate concludes the examination within five days. The decision of the criminal magistrate is final.

The procedures related to the implementation of the deportation decision are carried out by the provincial migration management directorate or removal center directorate.

For transfers from removal centers to border gates and for foreigners to be deported without being transferred to removal centers, the provincial migration management directorate contacts law enforcement units to request the determination of personnel who will take part in the transfer operation. The assignment is submitted for approval to the governorship authority.

Provincial migration management directorates or removal center directorates are responsible for covering the costs of vehicles, equipment, personnel, transportation organization, and other expenses related to taking foreigners to border gates.

After the risk assessment during transfer is conducted by the relevant law enforcement unit, the number of law enforcement personnel to be assigned in the transfer is determined. For this purpose, removal centers or provincial migration management directorates inform the relevant law enforcement unit in advance about the foreigners subject to the transfer operation.