Turkish Deport Regulation On Visa Overstay For Foreigner In Turkey 

Revised Oct 2017 – Resource, Ministry of Interior Directorate of Migration Management Office
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REMOVAL DECISION, SUMMONS TO LEAVE, OR OVERSTAY VISA FOR FOREIGNERS IN TURKEY

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Leave Permit means the document which is not subject to any fees and which is issued to persons for whom a period to leave Turkey is granted pursuant to Article 56 of the Law on Foreigners and International Protection.
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Removal Centre means a center in which the foreigner subject to administrative detention is held.
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deport turkey removal decision turkish summons visa overstay - Turkish Deport Regulation On Visa Overstay For Foreigner In Turkey.
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Administrative detention means that those for whom a removal decision have been issued those who; bear the risk of absconding or disappearing; breached the rules of entry into and exit from to Turkey; have used false or fabricated documents; have not left Turkey after the expiry of the period granted to them to leave, without an acceptable excuse; or, pose a threat to public order, public security or public health shall be held in removal centers.
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The administrative detention decision means those for whom a removal decision have been issued, the governorate shall issue an administrative detention decision for those who; bear the risk of absconding or disappearing; breached the rules of entry into and exit from to Turkey; have used false or fabricated documents; have not left Turkey after the expiry of the period granted to them to leave, without an acceptable excuse; or, pose a threat to public order, public security or public health.
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Removal means the implementation of decision issued by governorates on the persons who breach the provisions of the Law regarding the foreigners to be removed upon instructions of the Directorate General or ex office.
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Removal decision means the decision issued by governorates on the persons who breach the provisions of the Law regarding the foreigners to be removed upon instructions of the Directorate General or ex office.
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Summons to Leave Turkey means that where a removal decision has been issued, foreigners shall be granted a period no less than fifteen days and up to thirty days to leave Turkey, provided that this period is stated in the removal decision.
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Foreigner means a person who does not have citizenship bond with the Republic of Turkey.
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Removal Decision
It shall be implemented for those who breach the reasons stated in the Article 54 of the Law on Foreigners and International Protection. This decision shall be only issued by governorates in accordance with the clear wording of the Law. The assessment of removal decision and decision stage shall last maximum 48 hours.
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PERSONS SUBJECT TO REMOVAL DECISION
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In case one or some of the situation stated in Article 54 of the Law occurred, the governorate must issue removal decision without prejudice to the provisions of Article 55 of the Law.
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A removal decision shall be issued in respect of those foreigners who are listed below and who are within the scope of paragraph one of Article 54 of the Law on Foreigners and International Protection.
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  1. Foreigners who are deemed to be removed pursuant to Article 59 of the Turkish Penal Code № 5237 (a. 54/1-a)
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  2. Foreigners who are leaders, members or supporters of a terrorist organization or a benefit oriented criminal organization (a. 54/1-b)
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  3. Foreigners who submit untrue information and false documents during the entry, visa and residence permit actions (a.54/1-c)
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  4. Foreigners who made their living from illegitimate means during their stay in Turkey (a.54/1-ç)
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  5. Foreigners who pose a public order or public security or public health threat (a.54/1-d)
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  6. Foreigners who has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled (a.54/1-e)
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  7. Foreigners whose residence permits are cancelled (a.54/1-f)
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  8. Foreigners who overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason (a.54/1-g)
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  9. Foreigners who are determined to be working without a work permit (a.54/1-ğ)
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  10. Foreigners who breach the terms and conditions for legal entry into or exit from Turkey (a.54/1-h)
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  11. Foreigners who are determined to have entered into Turkey despite an entry ban to Turkey (a.54/1-ı)
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  12. Foreigners whose international protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision (a.54/1-i)
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  13. Foreigners who fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused (a.54/1-j)
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  14. Foreigners who are applicants or international protection beneficiaries solely when there are serious reasons to believe that they pose a threat to national security of the Turkey (a. 54/2)
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  15. Foreigners who are applicants or international protection beneficiaries solely if they have been convicted upon a final decision for an offence constituting a public order threat. ((a. 54/2)

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EXEMPTION FROM REMOVAL DECISION
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Removal decision shall not be issued in respect of those foreigners listed below regardless of whether they are within the scope of Article 54:
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  1. When there are serious indications to believe that they shall be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they shall be returned to (a.55/1-a)
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  2. who would face risk due to serious health condition, age or, pregnancy in case of travel (a.55/1-b)
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  3. who would not be able to receive treatment in the country to which they shall be returned while undergoing treatment for a life threatening health condition (a.55/1-c)
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  4. victims of human trafficking, supported by the victim’s assistance programme (a.55/1-ç)
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  5. victims of serious psychological, physical or sexual violence, until their treatment is completed (a.55/1-d)
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The assessment regarding whether the foreigners are within the scope of Article 55 or not shall be carried out for each foreigner. In order to stay in Turkey, those foreigners may be granted humanitarian residence permit pursuant to Article 46 of the Law on Foreigners and International Protection and those foreigners may be asked to reside at a given address and report to authorities in form and periods as requested.
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In cases where they lose their status, removal decision shall be issued in respect of the foreigner.
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APPEAL AGAINST REMOVAL DECISION IN TURKEY
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Removal decision together with its reasons shall be notified to the foreigner for whom a removal decision has been issued or, to his/her legal representative or lawyer. If the foreigner for whom the removal decision has been issued, is not represented by a lawyer, the foreigner or his/her legal representative shall be informed about the consequence of the decision, procedures and time limits for appeal.
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TURKISH APPEAL TO THE ADMINISTRATIVE COURT AND ITS FEATURES
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Foreigner, legal representative or lawyer may appeal against the removal decision to the administrative court within fifteen days as of the date of notification.
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The person who has appealed against the decision to the court shall also inform the authority that has ordered the removal regarding the appeal.
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Such appeals shall be decided upon within fifteen days.
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The decision of the court on the appeal shall be final.
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Without prejudice to the foreigner’s consent, the foreigner shall not be removed during the judicial appeal period or until after the finalization of the appeal proceedings. In other words, in cases where the removal decision shall be subject to judicial appeal, the request for the suspension of execution shall not be also required. Because, the application shall suspend the procedure ex officio.
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As the right to  individual application is granted to everyone pursuant to the Constitution, the foreigners for whom a removal decision has been issued shall appeal against the decision to the Constitutional Court pursuant to the decision of administrative court.
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ADMINISTATIVE DETENSION DECISION IN TURKEY
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Those for whom a removal decision have been issued, the governorate shall issue an administrative detention decision for those who;

  • Bear the risk of absconding or disappearing;
  • Breached the rules of entry into and exit from to Turkey;
  • Have used false or fabricated documents;
  • Have not left Turkey after the expiry of the period granted to them to leave, without an acceptable excuse;
  • Pose a threat to public order, public security or public health.

Foreigners subject to administrative decision shall be held in removal centers.
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The duration of administrative detention in removal centers shall not exceed six months. However, in cases where the removal cannot be completed due to the foreigner’s failure of cooperation or providing correct information or documents about their country [of origin], this period may be extended for a maximum of six additional months.
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The need to continue the administrative detention shall be regularly reviewed monthly by the governorates. When consider it necessary, thirty-day waiting period shall not be applied.
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Those foreigners where administrative detention is no longer considered necessary shall immediately be reported to the Ministry. Administrative detention decision for the foreigner shall be revoked provided that the Ministry considers it appropriate and the foreigner shall be issued a Leave Permit. These persons may be asked to reside at a given address and report to authorities in form and periods as requested.
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 APPEAL AGAINST ADMINISTRATIVE DETENSION DECISION TURKIYE
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The administrative detention decision, the extension of the administrative detention period and the results of the monthly regular reviews together with its reasons shall be notified to the foreigner or, to his/her legal representative or lawyer. If the person subject to administrative detention is not represented by a lawyer, the person or his/her legal representative shall be informed about the consequence of the decision, procedure and time limits for appeal.
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APPEAL TO THE TURKISH JUDGE OF THE CRIMINAL COURT OF PEACE, REPUBLIC OF  TURKEY
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The person placed under administrative detention or his/her legal representative or lawyer may appeal against the detention decision to the Judge of the Criminal Court of Peace.
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Such an appeal shall not suspend the administrative detention.
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In cases where the petition is handed to the administration, it shall immediately be conveyed to the competent Judge of the Criminal Court of Peace.
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The Judge of the Criminal Court of Peace shall finalize the assessment within five days.
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The decision of the Judge of the Criminal Court of Peace shall be final.
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The person placed under administrative detention or his/her legal representative or lawyer may further appeal to the Judge of the Criminal Court of Peace for a review should that the administrative detention conditions no longer apply or have changed.
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Those who appeal against an administrative detention action but do not have the means to pay the attorney’s fee shall be provided legal counsel upon demand, pursuant to the Legal Practitioner’s Law № 1136 of 19/03/1969.
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SUMMONS TO LEAVE TURKEY
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Where a removal decision has been issued, foreigners shall be granted a period no less than fifteen days and up to thirty days to leave Turkey, provided that this period is stated in the removal decision.
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A Leave Permit shall be issued to persons for whom a period to leave Turkey is granted. This document shall not be subject to any fees.
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Among those who have been invited to leave Turkey, an entry ban might not be imposed for those who leave the country within the specified period of time.
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Foreigners who do not leave the country within the specified period of time shall be placed under administrative detention.
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The following foreigners shall not be invited to leave Turkey and the period mentioned above shall not be applied to those who:
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  1. Bear the risk of absconding or disappearing
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  2. Have breached the terms and conditions of legal entry and exit
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  3. Use false documents
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  4. Attempt to obtain or are determined to have obtained a residence permit with false documents
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  5. Pose a public order, public security, public health threat
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IMPLEMENTATION OF THE REMOVAL DECISION

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The foreigners at removal centers shall be taken to border gates by law enforcement unit.
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Foreigners to be removed without being required to transfer to removal centers shall be taken to the border gates by law enforcement units through coordination of the provincial units of Directorate General.
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The Directorate General may cooperate with international organizations, the authorities in the relevant country, and nongovernmental organizations to carry out the removal.
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TRAVEL COSTS FOR THE FOREIGNERS TO BE ROMVED FROM TURKEY
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Passports or other documents belonging to foreigners may be retained until the foreigners are removed and their tickets may be cashed for use in the removal.
Foreigners to be removed shall cover their own travel costs. In cases where foreigners are unable to cover such costs, the full or remaining cost of travel shall be met from the budget of the Directorate General. A ban on entering Turkey may be imposed for such foreigners as long as the costs are not reimbursed.
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The limitation to be imposed for the situation in which the foreigner cannot cover the costs shall be considered as the reason of limitation by its nature. In case another ban has not issued to the foreigner, the restriction shall be removed provided that s/he covers the costs and the foreigner shall be allowed to enter into the country.
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Costs related to the removal of the foreigner are public receivables pursuant to the Article 1 of the Law No 6183 and they shall be collected by financial cashier office. Pursuant to the Article 104 of the Law No 6183, as the debtor is in the foreign country, the receivable shall not be subject to the lapse of time. For this reason, there is no obstacle to impose indefinite limitation on the foreigner.
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Natural or legal persons are responsible for covering the costs related to the removal of foreigners whose stay and return they have guaranteed.
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The paragraph 3 of the Article 21 of the Law No 4817 on the liabilities of the employers or employer representatives who employ the foreigner without work permit regarding the removal process of the foreigner shall stipulate that “An administrative penalty of five thousand Turkish liras shall be given to the employer or employer representatives for each foreigners that does not have working permission. In this case, the employer or representative of employer is obliged to cover the accommodation expenses of the foreigner and his/her spouses and children, if any, the expenditures required for them to return to their countries and health expenses when required.” The process shall be established within the framework of this regulation.
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