Deportation and Deport Deportation Transactions

The state of the world at the last moment of the crisis is unfortunately not the only economic aspect of the crisis. The nature of the crisis wave has affected the migration as a requirement of the struggle for survival. the geographical location of Turkey, the history of eastern and eastern continent, the birthplace location. Of course, everything continues with the series.

When we look at the impact of immigration on the legal dimension, we see that immigration from countries that have adopted the law of the land when we examine the immigration population is very small. This means that foreigners will have more legal difficulties. The foreign immigration population was mostly used in Syria as a legal system, and the Islamic law was applied as civil law. Again, marriage records and property records were kept by the courts. When the resistance started, it was governed by a legal system that was careful not to have any vacancies in keeping records about marriage and property records. <br> <br> Then, even the Turkmens and even from Africa countries, there is a wave of immigration to our country and these people have no general idea about our legal system. As a result of this ignorance, they suffer a lot of rights.

This law is called the deportation losses usually deported, administrative oversight, such as options to be invited to leave the turkey. <br> Now I would like to share the explanatory text of the migration administration in general terms:

Deportation Decision

Those who violate the reasons set out in Article 54 of the LAW
 Applied. According to the explicit wording of the law, this decision can only
receivable. Evaluation and decision phase of deportation decision
takes more than 48 hours.

Decisions to deport

One or two of the cases referred to in Article 54 of the Law
in the event of a
Provided that the governor’s decision to expel.
The following are listed in the first paragraph of Article 54 of the LAC
and the deportation decision is taken.

Those who are deemed to have been deported under Article 59 of Law no. 5237 (m.54 / 1-a)

Director, member or sponsor of a terrorist organization or interest organization (m.54 / 1-b),
c) entry to Turkey, visas and residence permits for the transactions made using untrue information and false documents (m.54 / 1-c), Member
d) During his time in Turkey that provide the livelihoods of illegitimate ways (m.54 / 1-d), Member
e) Who pose a threat to public order or public security or public health (m.54 / 1-d),
f) The visa or visa exemption period exceeding ten days or those whose visa is canceled (m.54 / 1-e),
g) Cancellation of residence permits (m.54 / 1-f),
h) Acceptance of residence permit and acceptance from expiration
violations of the duration of the residence permit without more than ten days
who (m.54 / 1-g),
i) Those who work without a work permit (m.54 / 1-ğ),
i) violating the legal provisions of the legal entry or exit from Turkey Turkey (m.54 / 1-h), Member
j) Despite the ban on entry to Turkey who are determined to come to Turkey (m.54 / 1-i), Member
k)Refused international protection, international protection
 exclusionary, international protection application unacceptable
 those who have withdrawn their application for international protection,
International application for protection
those whose protection status has been terminated or terminated.
final decision after the other according to the provisions of Law No. 6458 in Turkey
 those who have no right to remain (m.54 / 1-i),
l) Residence permit application for extension of those rejected, those who do not exit from Turkey within ten days (m.54 / 1-j). Member
m) International protection applicant or international protection status
serious
signs (m.54 / 2),
n) International protection applicant or international protection status
 owner of a criminal offense
convicts (m.54 / 2). Deportation Decisions

Even if they are within the scope of Article 54, a decision to expel the following foreigners is not decided:
a) Those who have a serious claim that they will be subjected to death penalty, torture, inhuman or degrading punishment or treatment in the country to be deported (m.55 / 1-a),
b) Those who are at risk due to serious health problems, age and pregnancy (m.55 / 1-b),
c) Those who do not have the possibility of treatment in the country to be deported while their treatment is in progress (m.55 / 1-c),
d) Victims of trafficking (m.55 / 1-ç) benefiting from the victim support process;
e) Victims of psychological, physical or sexual violence until their treatment is completed (m.55 / 1-d).
The assessment of whether or not they are covered by Article 55 is made separately for each foreigner. In order for these foreigners to stay in the country, they may be granted a humanitarian residence permit in accordance with Article 46 of the LAC, and they may also be required to reside at a certain address and to report in the required form and duration.
In the event of such cases, the decision to expel these foreigners shall be taken.

The Judiciary Way Against The Decree Of The Deportation

The expulsion decision shall be communicated to the foreigner or legal representative or his lawyer, who, together with its reasons, decided to deport him. If a foreigner whose decision to expel him is not represented by a lawyer, he or his legal representative shall be informed of the outcome of the decision, the procedures and duration of the appeal.

Application and features of the Administrative Court:

A foreign or legal representative or counsel may apply to the administrative court within fifteen days of the notification of the decision against the deportation order.
The person applying to the court notifies his application to the authority that deported him.
Applications to the court shall be concluded within fifteen days.
The decision of the court is final.
Without prejudice to the consent of the foreigner, the foreigner shall not be deported within the period of filing a lawsuit or in the event of a judicial proceeding until the conclusion of the proceedings. In other words, if a judicial remedy is applied against the deportation decision, it is not necessary to demand that the execution be stopped because the application is terminated.
As the right of individual application is granted to everyone by the Constitution, the foreigner whose decision to expel him can also apply to the Constitutional Court upon the decision of the administrative court.

Administrative Supervision Decision

The decision for deportation is made by the governor’s office on the following:
Those who risk escaping and disappearing,
violating the rules of entry or exit to Turkey,
False or unfounded document users,
without an acceptable excuse for those who come in from out period for Turkey,
People who pose a threat to public order, public security or public health.

Those who are decided to have administrative detention shall be held at the removal centers.
The period of administrative detention in the SSC cannot exceed six months. However, this period may be extended for a maximum of six months if the expulsion procedures cannot be completed due to the fact that the foreigner does not cooperate or does not provide the correct information or documents about his country.
The continuity of the administrative supervision is evaluated regularly by the governorship every month. When deemed necessary, a thirty-day period is not expected.
Those who are deemed not necessary in the continuation of the administrative supervision shall be notified to the Ministry immediately. In case the Ministry deems it appropriate, the administrative detention decision on the foreigner shall be abolished and he shall be issued with a Exit Permit. These foreigners may be asked to reside at a specific address or to report at the requested form and duration.

Judicial Path Against Administrative Supervision Decision

The administrative detention decision, the extension of the period of administrative surveillance and the results of the regular evaluations every month shall be communicated to the foreigner or his legal representative or his lawyer, together with his / her reasons. At the same time, if the detained person is not represented by a lawyer, he or his legal representative shall be informed of the outcome of the decision, the procedures and time of appeal.

Admission to the magistrate magistrate:
The detained person or legal representative or counsel may apply to the magistrate judge against the decision of administrative detention.
The application does not stop the administrative surveillance.
In the event that the petition is given to the administration, the petition shall be submitted to the competent magistrate immediately.
The criminal judge shall conclude the examination within five days.
The verdict of the magistrate is final.
The detained person or legal representative or his / her lawyer may re-apply to the magistrate judge with the claim that the conditions of administrative supervision have been removed or changed.
Those who apply to the judicial system against the administrative surveillance process, and those who are not able to meet the attorneys’ fees, are provided with legal services according to the provisions of the Law on Advocacy Law dated 19/3/1969 and numbered 1136.

Invitation to the abandonment of Turkey

Limit those who decide to get out, provided that specified in the deportation decision, Turkey is known for not less than thirty days period of up to fifteen days to be able to leave.
The deadline for people to exit from Turkey, not subject to any spending “Exit Permit” is issued.
Those invited to leave Turkey, the ban on leaving the country within the period can be decided.
Foreigners to leave Turkey within the prescribed period, taken under administrative detention.
The following people have not been invited to leave Turkey and the aforementioned period does not apply to them:
a) Those who risk escaping and disappearing,
b) Those who violate the legal or legal exit rules,
c) Use of counterfeit documents,
d) Those who are trying to obtain a residence permit or who have been found to be unfit,
e) who pose a threat to public order, public security or public health.

Fulfillment of deportation decision

The foreigners in the removal center are taken to the border gates by the law enforcement unit.
Foreigners who will be deported without having to be referred to removal centers shall be taken to the border gates by law enforcement units under the coordination of the provincial organization.
The General Directorate may also cooperate with international organizations, relevant country authorities and non-governmental organizations in relation to deportation.

Expenses of Foreigners to be Deported

Foreigners’ passports or other documents may be held until they are deported and their tickets may be converted into cash for deportation.
The travel expenses of foreigners to be deported are covered by themselves. If this is not possible, all or part of the costs are paid from the Head Office budget. As long as the costs are repaid, foreigners are not allowed to enter Turkey.

The limitation for the cases where the expenses cannot be met by the foreigner is a limitation of its nature. If no further prohibition is imposed on the foreigner, the restriction shall be abolished and allowed to enter the country, provided that he has paid the costs.

Expenses incurred as a result of deportation shall be made according to the first article of Law no. According to the Article 104 of the Law No. 6183, the debtor will not be subject to a statute of limitations as this is located in the foreign country. For this reason, there is no obstacle to entering an indefinite limit on the foreigner.

Real or legal persons are obliged to pay the expulsion expenses of the foreigners who guarantee their stay or return.

The third paragraph of Article 21 of the Law no. 4817 on the obligations of employers or employers’ representatives who have employed the foreigner without their permission for deportation procedures. In this case, the employer or the representative of the employer has to meet the expenses of the foreigners and their spouses and their children, the expenses they need to return to their countries and the health expenditures if necessary.

The third paragraph of Article 21 of the Law no. 4817 on the obligations of employers or employers’ representatives who have employed the foreigner without their permission for deportation procedures. In this case, the employer or the representative of the employer has to meet the expenses of the foreigners and their spouses and their children, the expenses they need to return to their countries and the health expenditures if necessary.

The process of deportation within the scope of the YUKK with questions

Decisions to deport

Question: Who will make the assessment based on the deportation decision?
Answer: Provincial or district directorates of immigration administration are carried out.

Question: How many hours does the process of evaluating and taking decisions in deportation proceedings?
Answer: It should result in no later than 48 hours.

Question: According to the LCP, where can foreigners be deported to be deported?
Answer: Foreigners border with the decision to deport him, the country of origin, the destination country of transit, the country of transit to come to Turkey or be deported to another third country.

Question: When does the 48-hour period in the process of evaluation and decision-making take place?
Answer: 48 hours, the law enforcement agencies caught by the foreigners, the identity of the aliens captured by the police custody of the information and documents about the time that the provincial directorate of migration management; In case the foreigner is personally determined by the Directorate of Immigration Administration in the scope of Article 54 of the Law, the foreigner starts from his presence at the Provincial Directorate of Immigration Administration.

Question: Where can the assessment be based on the deportation decision made by the Provincial Directorate of Migration Management?
Answer: In the place where the foreigner is traded, in the places where the foreigner is arrested or determined by the law enforcement units, it can be evaluated in the provincial or district migration administration directorate, in the removal centers or in another place approved by the provincial directorate of immigration administration.

Question: Where should the evaluation of the deportation decision be completed?
Answer: It is essential that the evaluation of the deportation decision is completed in the province where the foreigner is traded, captured or identified.

Question: It is essential that the assessment of the deportation decision is completed in the province where the foreigner is traded, captured or identified. Is there an exception, what is it?
Answer: Depending on the administrative and physical capacity and other factors in these places, with the request of the governor’s office and with the permission of the General Directorate, these foreigners shall be appointed by the law enforcement officers to the provincial or district immigration administration directorate or the removal center in the province nearest to the place where are shipped by.

Question: Who is the decision to expel him?
Answer: The deportation decision is taken by the governor’s office in the province where the foreigner is arrested, traded or identified, or upon the instructions of the General Directorate.

Question: Can the decision to deportation be made collectively?
Answer: The deportation decision is taken separately for each foreigner.

Question: Who is the decision to deport?
Answer: The decision shall be notified to the foreigner or his legal representative or his attorney who is decided to deport him / her along with his / her reasons. If a foreigner whose decision to expel him is not represented by a lawyer, he or his legal representative shall be informed of the outcome of the decision, the procedures and duration of the appeal.

Application to the Administrative Court

Question: Can the foreign or legal representative or his / her lawyer apply to the judiciary against the deportation decision?
Answer: The foreign or legal representative or his lawyer may apply to the administrative court within fifteen days of the notification of the decision against the deportation decision.

Question: How many days does the administrative court end the appeal against the deportation order?
Answer: It concludes within fifteen days.

Question: What is the legal nature of the decision of the administrative court against the deportation order?
Answer: The decision of the court in this regard is final.

Question: Is it necessary to provide information to the decision-making authority of the foreigner who applied to the administrative court against the deportation order?
Answer: The foreigner applying to the administrative court against the deportation order should be informed about the decision of the expulsion authority.

Question: What is the effect of applying to the administrative court against the deportation decision on the deportation?
Answer: In case of appeal to the administrative court against the deportation order, the execution of the deportation shall cease.

Question: Can the foreign deportation be expelled in the time of filing a lawsuit against the deportation process or in the event of a judicial proceeding?
Answer: Without prejudice to the consent of the foreigner, the foreigner shall not be deported lama within the period of filing a lawsuit una or “until the conclusion of the judicial proceedings“.

Invitation to the abandonment of Turkey

Question: Border those who decide to get out, provided that the limit specified in the decision to deport him, is known for how long they can leave Turkey?
Answer: A period of not less than fifteen days is allowed up to thirty days.

Question: Who is the recognized time to be able to leave Turkey?
Answer: No time shall be granted to those who are at risk of escaping or disappearing, those who violate legal entry or legal exit rules, those who use false documents, those who try to obtain residence permits or those who are found to have received a threat, in terms of public order, public security or public health.

Question: Is it any document given to persons deadline for departing from Turkey?
Answer: The deadline for people to exit from Turkey, not subject to any spending Permits are given out.

Question: According to Article 54 of the Law, after the decision to expel him / herself, it is understood that if the foreigner is found to be one of the persons who will not be deported to be deported in accordance with Article 55 of the Law, what will be done by the decision-making authority?
Answer: The procedure will be canceled immediately by the authority who deported the deportation.

Administrative Surveillance

Question: Who will be taken by the foreigners who have been taken into custody by the administrative detention center? Are there any exceptions?
Answer: Foreigners who have been taken into custody of administrative detention shall be taken back to repatriation centers within forty-eight hours by the detention law enforcement unit. However, if the assessment of the deportation decision is made in a different place than the one in which the capture took place, the law enforcement units in that province may also refer to the removal center.

Question: At what intervals are they assessed by the administrative supervision?
Answer: It is evaluated regularly by the governorship every month.

Question: In what situations may not be necessary in the continuation of administrative supervision?
Answer: It is foreseen that the deportation decision cannot be fulfilled within 6 months of the foreigner’s administrative detention, and that the foreigner who is under administrative supervision is within the scope of the Article 55 of the Law. the disappearance of the risk of disappearance may not be necessary in the continuation of administrative supervision in cases where the foreigner applies for voluntary repatriation assistance.

Question: How long does the administrative detention period in the removal centers take? Can it be extended?
Answer: The length of administrative detention at the removal centers cannot exceed six months. However, this period may be extended for a maximum of six months if the expulsion procedures cannot be completed due to the fact that the foreigner does not cooperate or does not provide the correct information or documents about his country.

Question: Who and how are the results of the administrative detention decision, extension of the period of administrative oversight, and the results of the regular assessments made every month?
Answer: The administrative detention decision, the extension of the period of administrative surveillance and the results of the regular evaluations every month are notified to the foreigner or his / her legal representative or his / her lawyer together with his / her reasons.

Question: Can the person detained or his / her legal representative or lawyer apply to the judicial system against the decision of administrative oversight?
Answer: The detained person or legal representative or his lawyer may apply to the magistrate judge against the decision of administrative detention.

Question: How many days will the judicial judge decide against the administrative detention decision, what is the legal nature of the decision it made and will the application stop the administrative review?
Answer: The application does not stop the administrative surveillance. The criminal judge shall conclude the examination within five days. The verdict of the magistrate is final.

Implementation of the deportation decision

Question: Who is involved in the process of implementing the deportation order?
Answer: The procedures related to the implementation of the deportation decision shall be carried out by the provincial directorate of migration management or removal center.

Question: What is the procedure for the foreigners to be deported from the removal center to the border gates and to be deported to the removal centers?
Answer: For the foreigners who will be deported from the removal center to the border crossings without being referred to the removal centers, the provincial directorate of migration management will contact the law enforcement bodies and request the determination of the personnel to be assigned to the referral process. The appointment is submitted for the approval of the governor’s office.

Question: Who / who is responsible for meeting the tools, equipment, personnel and transportation organization and other costs related to the taking of foreigners to the border gates?
Answer: Provincial administration of provincial directorates of immigration or provincial directorates of dispatch is responsible for meeting the costs of transporting foreigners to border crossings, equipment, personnel and transportation and other expenses.

Question: Who is determined by the risk assessment during delivery and the number of law enforcement personnel to be assigned?
Answer: After the risk assessment at the time of dispatch is made by the relevant law enforcement unit, the number of law enforcement personnel to be assigned to the referral is determined. To this end, the repatriation center or provincial directorate of immigration administration shall inform the relevant law enforcement unit in advance of the foreigners subject to the referral process.

problems such as deportation and deportation can also be solved by a lawyer working in the field of foreigners. Please note that in case of periods of deportation and deportation, it is necessary to proceed with the action and appeal. These deadlines are of vital importance. Therefore, you should take care of these issues and take care not to lose the right.