Removal

The process of removal is regulated in accordance with the articles between 52 and 60 under the Fourth Section entitled Removal under the second part entitled Foreigners of the Law on Foreigners and International Protection (YUKK) No: 6458

Decision of Removal

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.

Persons Subject to a Removal Decision

In case one or some of the situations stated in the Article 54 of the Law occur, the governorate must issue removal decision without prejudice to the provisions of Article 55 of the Law.

A removal decision shall be issued for the foreigners who are within the scope of paragraph one of Article 54 of the Law on Foreigners and International Protection listed below;

1)a) Foreigners who are deemed to be removed pursuant to Article 59 of the Law numbered 5237 (a. 54/1-a),

b) Those who are leaders, members or supporters of a terrorist organization or a benefit oriented criminal organization (a. 54/1-b)

c) Foreigners who submit untrue information and false documents during the entry, visa and residence permit procedures (a.54/1-c),

ç) Foreigners who make their living from illegitimate means during their stay in Turkey (a.54/1-ç),

d) Foreigners who pose a threat in terms of public order or public security or public health (a.54/1-d),

e) 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),

f) Foreigners whose residence permits are cancelled (a.54/1-f),

g) Foreigners who have residence permit yet overstay the duration of it for more than ten days without an allowable reason (a.54/1-e),

h) Foreigners who are determined to be working without a work permit (a.54/1-ğ),

i) Foreigners who breach the terms and conditions for legal entry into or exit from Turkey (a.54/1-h),

j) Foreigners who are determined to have entered into Turkey despite an entry ban to Turkey (a.54/1-ı),

k) 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claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in the Law numbered 6458 they no longer have the right of stay in Turkey after the final decision (a.54/1-i),

l) Foreigners who fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused (a.54/1-j),

m) (Annex: 3/10/2016-KHK-676/36 article.; Reenacted: 1/2/2018-7070/31 article) Those who are determined to be connected with the terrorist organizations identified by the international institutions and organizations

2)  (Ammendment:3/2016-KHK-676/36 article; Reenacted: 1/2/2018-7070/31 article) A removal decision may be issued at every stage of international protection proceedings in respect of international protection applicants or international protection beneficiaries who are evaluated as being within the scope of (b), (d) and (k) subparagraphs of the first paragraph of this Article

Exemption from Removal Decision

Removal decision shall not be issued in respect of those foreigners listed below regardless of whether they are within the scope of Article 54:

a) Who with serious indications to believe that they will 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),

b) Who would face risks due to serious health condition, age or, pregnancy in case of travel (a.55/1-

c) 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),

d) Victims of human trafficking, supported by the victim’s assistance programme (a.55/1-ç),

e) Victims of serious psychological, physical or sexual violence, until their treatment is completed (a.55/1-d),

Assessment related to foreigners being within the scope of the article 55 shall be made for each foreigner separately. These foreigners may be issued a humanitarian residence permit based on the article 46 of Law on Foreigners and International Protection and they may be asked to reside at a given address and report to authorities in form and periods as requested.

In the event that disclosed conditions are over, removal decision will be taken regarding these foreigners.

Judicial Remedy against Removal Decision

The removal decision together with its reasons shall be notified to the foreigner who, in respect of whom a removal decision has been issued, to his/her legal representative or lawyer. If the foreigner, in respect of 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.

Appealing to administrative court and properties

Foreigner, legal representative or lawyer may appeal against the removal decision to the administrative court within fifteen days as of the date of notification.

The person who has appealed against the decision to the court shall also inform the authority that has ordered the removal regarding the appeal.

Appeals to the court shall be decided upon within fifteen days.

The decision of the court on the appeal shall be final.

Without prejudice to the foreigner’s consent, the foreigner shall not be removed during the judicial appeal period or in case of resort to the judgement with the exception of ones within the scope of (b), (d) and (k) subparagraphs of the first paragraph and second paragraph of Article 54.

Individual appeal right is granted to everyone based on the condition, the foreigner who, in respect of whom a removal decision has been issued may also appeal to the Constitutional Court.

Summons to Leave Turkey

For whom a removal decision has been issued, they 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.

A “Leave Permit” not subject to any fees shall be issued to persons for whom a period to leave Turkey is granted.

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.

Foreigners who do not leave Turkey within the specified period of time are put under administrative detention.

Following persons are not summoned to leave Turkey and they are not granted the period of time disclosed above:

a) Bear the risk of absconding or disappearing,

b) Have breached the terms and conditions of legal entry and exit,

c) Used false documents,

d) Attempted to obtain or are determined to have obtained a residence permit with false documents,

e) Pose a public order, public security or public health threat.

Administrative Detention and Duration of Detention for Removal Purposes

Administrative Detention Decision

For those whom a removal decision have been issued, the governorate shall issue an administrative detention decision for those who are listed below:

Bear the risk of absconding or disappearing,

Have breached the terms and conditions of legal entry and exit,

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 public order, public security or public health threat,

Foreigners subject to administrative detention shall be held in removal centres (DGMM).

The duration of administrative detention in removal centres 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.

The need to continue the administrative detention shall be regularly reviewed monthly by the governorates, and when considered necessary this thirty day period is not waited.

For those foreigners where administrative detention is no longer considered necessary, the administrative detention shall immediately be ended and they shall be issued Leave Permit. These foreigners may be asked to reside at a given address and report to authorities in form and periods as requested.

Judicial Remedy Against Administrative Action

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. At the same time, 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.

Appeal to the Judge of Criminal Court of Peace

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.

Appeal shall not suspend the administrative detention.

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.

The Judge of the Criminal Court of Peace shall finalise the assessment within five days.

The decision of the Judge of the Criminal Court of Peace shall be final.

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.

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.

Implementation of the Removal Decision

The foreigners at removal centres shall be taken to border gates by law enforcement unit.

Foreigners to be removed without being required to transfer to removal centres shall be taken to the border gates by law enforcement units through coordination of the provincial units of Directorate General.

The Directorate General may cooperate with international organisations, the authorities in the relevant country, and non-governmental organisations to carry out the removal.

Travel Fee of Foreigner to be Removed

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 this is not possible, the remaining or full cost of travel shall be paid from the budget of the Directorate General. A ban on entering Turkey may be imposed on such foreigners as long as the costs are not reimbursed.

The restriction put in place in cases which the foreigner could not afford the travel fees are a reason for limitation based on its quality. If there are no other restrictions put in place, the limitation will be lifted and they will be granted entry to the country on the condition that the fees are paid.

Fee incurred as a result of the removal is a public receivable based on the first article of the law no 6183 and it will be collected by the treasury. Based on the article number 104 of the law no 6183, because the debtor is in another country prescription is not applied. Therefore there is no impediment to put a restriction indefinitely.

Natural or legal persons are responsible for covering the costs related to the removal of foreigners whose stay and return they have guaranteed.

Subparagraph three of Article 21 of Law № 4817 “An administrative penalty of five thousand Turkish Liras is given to the employer or employer representatives for each foreigner that does not have working permission. In this case, the employer or employer representative 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 their health expenses when required.” shall apply to employers or agents of employers that employ the foreigner without a work permit with respect to their obligations in the removal of such foreigners.

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