Deportation Decision: Appeal Procedures, Restriction Codes

1. What is Deportation?

Deportation is the act of a state, based on its territorial sovereignty, of removing foreigners who threaten public order or security from its territory against their will. Legally, this process is referred to as a deportation decision. In Turkish law, deportation is a unilateral administrative act issued by the governorships.

Articles 52–60 of the Law No. 6458 on Foreigners and International Protection (YUKK) regulate the grounds for deportation as well as the categories of persons who cannot be deported. In addition, Article 59 of the Turkish Penal Code (TCK) provides that a foreigner sentenced to imprisonment for committing a crime shall, after a decision is made to execute the sentence under supervised release or conditional release, and in any case after the completion of the sentence, be immediately reported to the Ministry of Interior for evaluation regarding deportation procedures.

The process commonly referred to as “deportation lifting” encompasses all administrative appeals and judicial proceedings against either the deportation decision itself or the entry ban (restriction codes) imposed on the foreigner.

2. Under Which Circumstances is a Deportation Decision Issued?

The grounds for deportation are restrictively enumerated (tahdidi olarak sayılmıştır) under Article 54 of the Law on Foreigners and International Protection (LFIP). The primary grounds are as follows:

Those who are deemed to be leaders, members, or supporters of a terrorist organization, or leaders, members, or supporters of a profit-oriented criminal organization.
Those who utilize untruthful information or forged/fraudulent documents in proceedings concerning entry into Turkey, visa applications, or residence permits.
Those who secure their livelihood through illegitimate means during their stay in Turkey.
Those who pose a threat to public order, public security, or public health.
Those who overstay their visa or visa exemption period by more than 10 days, or those whose visas have been canceled.
Those whose residence permits have been canceled.
Those who hold a residence permit but violate the duration thereof by more than 10 days from its expiration date without an acceptable justification.
Those detected to be working without a valid work permit.
Those who violate or attempt to violate the statutory provisions governing legal entry into or legal exit from Turkey.
Those detected to have arrived in Turkey despite being subject to an active entry ban.
Those whose international protection applications have been rejected, excluded from international protection, deemed inadmissible, withdrawn, or deemed withdrawn; or those whose international protection status has expired or been revoked, provided that they do not possess any other legal right to remain in Turkey pursuant to the other provisions of this Law following the final decision rendered.
Those whose residence permit extension applications have been rejected and who fail to depart from Turkey within 10 days.
Those who are evaluated to be affiliated with terrorist organizations as defined by international institutions and organizations.

3. Legal Remedies Against Deportation Decisions

A deportation decision, along with its underlying grounds, shall be formally notified to the foreigner, their legal representative, or their legal counsel. The procedural safeguards provided against such decisions are as follows:

Limitation Period for Litigation: The foreigner, their legal representative, or their legal counsel may initiate an action before the administrative court against the deportation decision within 7 days from the date of notification. Such applications shall be concluded within 15 days following the completion of the dossier, or upon the execution of interim decisions or hearings where deemed necessary.
Automatic Suspension of Execution (Automatic Stay): Pursuant to Article 53/3 of the LFIP, the foreigner cannot be expelled during the limitation period for filing a lawsuit or, in the event that a lawsuit is initiated, until the judicial proceedings are finalized. This mechanism automatically suspends the enforcement of the administrative act by operation of law.
Finality of Judgments: In lawsuits initiated for the annulment of deportation decisions, the judgments rendered by the first-instance administrative courts are final and binding; no regional appeal (istinaf) or cassation (temyiz) may be lodged against these judgments.
Individual Application to the Constitutional Court (AYM): Following the exhaustion of domestic administrative judicial remedies, an individual application coupled with a request for interim measures (tedbir talepli) may be lodged before the Constitutional Court, provided that there is an imminent risk of irreparable harm or a severe violation of fundamental rights.

4. What is a Restriction Code? and Entry Ban Procedures in Turkey

In connection with deportation decisions, or directly at border checkpoints, administrative records are maintained to monitor and track the status of foreigners.

Restriction Codes (Tahdit Kodları): These are alphanumeric symbols indicating the underlying grounds for a foreigner’s entry ban into Turkey or the specific administrative supervision to which they are subject. They do not merely denote an entry ban; rather, they encompass a wide range of administrative and intelligence records, including but not limited to:

V Codes: Visa and residence permit violations,
G Codes: Suspicion of posing a threat to public security,
Ç Codes: Suspicion of affiliations with terrorist entities.

The Entry Ban Process: Foreigners who have been expelled may be subject to an entry ban into Turkey ranging from 1 month to 5 years, depending on the nature of their violation pursuant to Article 9 of the LFIP. However, if the foreigner poses a severe threat to public order or public security, this period may be extended by an additional 10 years, implementing a ban of up to 15 years in total.
Implementation: When a foreigner subject to an active entry ban arrives at a border gate, they undergo “inadmissible passenger” (INAD) processing and are refused entry into the country, resulting in their immediate turnaround.

5. How Are Entry Bans and Restriction Codes Lifted?

Foreigners subject to an entry ban into Turkey or those whose administrative records contain restriction codes may overcome these obstacles, regain their legal status, and properly manage the process through the following legal remedies and procedural steps:

A. Primary Legal Remedies Available

Annulment Action (İptal Davası): A lawsuit initiated before the administrative court seeking the annulment of the established entry ban decision or the unlawfully imposed restriction code. Legal Distinction: Pursuant to Article 53/3 of the LFIP, a lawsuit filed against a deportation decision automatically suspends the enforcement by operation of law while the foreigner is still within Turkey. Conversely, if the foreigner is already abroad and initiates a lawsuit solely for the removal of an entry ban or restriction code, an explicit request for a stay of execution (yürütmenin durdurulması) must be additionally lodged with the court to halt the effects of the administrative act.
Annotated Visa Application (Meşruhatlı Vize): A process whereby a foreigner subject to an ongoing entry ban applies to Turkey’s foreign missions (Consulate or Embassy) for a special-purpose visa based on legitimate and exceptional grounds—such as marriage (family unity), employment, education, or medical treatment—thereby legally bypassing or lifting the active entry ban.
Administrative Objection / Petition: If the restriction code is based on a concrete factual error, a mistaken identity/name match, or is otherwise eligible for administrative deletion, a reasoned petition may be submitted to the Presidency of Migration Management (Göç İdaresi Başkanlığı) or the Ministry of Interior, requesting the correction or deletion of the record from the database.

B. Steps and Key Elements in the Deletion Process

Examination of the Restriction Code: This constitutes the first and most critical step of the strategy. The specific type of the restriction code (e.g., V-69, G-87, Ç-114), its underlying grounds, supporting evidence, and the statutory duration of the ban must be meticulously analyzed to determine the most effective legal track (administrative objection, annulment lawsuit, or annotated visa application).
Preparation of Supporting Documentation: To ensure a favorable outcome, the dossier submitted to the administration or the court must be complete. In this context, a valid passport, previous residence or visa documents, official records regarding the restriction code, correspondence with public authorities, and other evidence substantiating the legitimacy of the claims must be enclosed.
Emphasis on Humanitarian Grounds: Relying solely on legislative arguments is often insufficient in deletion requests. Humanitarian factors—such as the right to family unity under Article 8 of the European Convention on Human Rights (ECHR), the best interests of the child, established socio-economic ties in Turkey, and comprehensive medical reports—must be seamlessly integrated with legal reasoning and prominently emphasized in the petitions.

6. International Standards and Procedural Safeguards

When deportation procedures are executed, not only domestic legislation but also international conventions must be taken into account as primary legal baselines.

Respect for Family Life: Pursuant to Article 8 of the European Convention on Human Rights (ECHR), if a foreigner has an established family life in Turkey, a fair balance must be struck between the deportation measure and the maintenance of family unity. The foreigner’s domestic family ties must be meticulously weighed when rendering a deportation decision. The European Court of Human Rights (ECtHR), in its landmark judgments Boultif v. Switzerland and Nasri v. France, explicitly requires a “fair balance” to be maintained between the public interest protected by expulsion and the individual’s right to family integrity.
Right to an Effective Remedy: Individuals must be provided with an effective legal avenue to challenge the decisions issued against them, ensuring that such objections are reviewed by an independent and impartial authority. The ECtHR judgment in Abdulkhani and Karimnia v. Turkey heavily underscores the strict obligation to offer foreigners an effective domestic remedy and to conduct a rigorous, substantive assessment regarding the risk of refoulement.
The Revision of Article 59 of the TPC: Following the legislative amendments enacted after 2004, the automatic and immediate expulsion of foreigners sentenced to imprisonment was abolished. Instead, the statutory principle requiring their individual circumstances to be separately evaluated by administrative authorities was introduced, thereby aiming to pre-emptively prevent systemic violations of fundamental rights.

Celiktas Law Firm provides legal support regarding deportation orders and the avenues for appealing against these orders.

REFERENCES:

Aynaz Uğur, “Yabancılar Hukukunda Sınırdışı Etme İşlemi”, Uluslararası Sosyal Bilimler Dergisi (International Journal of Social Sciences), s. 118-132.

Aslı Bayata Canyaş, “Sınır Dışı Etme İşlemi ve Aile Yaşamına Saygı Hakkı: Çatışan Menfaatler ve Esas Alınan Ölçütler (The Process of Deportation and the Right to Respect for Family Life: Conflicting Interests and Considered Criteria)”, Türkiye Adalet Akademisi Dergisi, Yıl 14 . Sayı 56, s. 177-202, Ekim 2023.

Candan İlhan, “Yabancıların Sınır Dışı İşlemi ve Hukuki Değerlendirmesi (Deportation of Foreigners and Its Legal Assessment)”, Danıştay Dergisi, Yıl : 2023 Sayı : 156, s. 277-306.

Cemil Güner, “Sınır Dışı Etme Kararı ile İlgili İdare Mahkemesi Kararlarının Kesinliği” (The Finality of The Decisions of Administrative Court Relating To The Deportation Decision), İÜHFM C. LXXV, S. 1, 86 s. 85-114, 2017.

Esat Caner Yılmazoğlu, “Yabancıların Sınırdışı Edilmesinin Anayasa Mahkemesinde Yargısal Denetimi”, Uyuşmazlık Mahkemesi Dergisi, Sayı: 5, s. 905-928, 2015.

Nedime Tuğçe Yiğit, “Sınır Dışı Etme Kararının İcrasının Ertelenmesi (Suspension of Execution of The Deportation Decision)”, Selçuk Üniversitesi Hukuk Fakültesi Dergisi, C.25, S.2, 2017, s.577-615.

Selim Levi, “Yabancıların Sınır Dışı Edilmesi Yeni Türk Ceza Kanunu’nun Tartışma Yaratacak Bir Hükmü Nasıl Değişti?”, TBB Dergisi, Sayı 58, 2005, s.29-39.