Turkey: Appeal against the Administrative Detention and Deport Decision
Eylül 13th, 2017 Burcu DUMAN

How to Appeal Against Administrative Detention and  Deport Decision?

Foreigners may be removed to their country of origin or a transit country or a third country by virtue of a removal decision, pursuant to article 52 of Law on Foreigners and International Protection.

 Removal decision shall be issued either upon instructions of the Directorate General or ex officio by the governors.

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

 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 relevant authority that has ordered the removal regarding the appeal. Such appeals shall be decided by the Courts upon within fifteen days. The decision of the Court on the appeal shall be final.

Please remember that without prejudice to the foreigner’s consent, the foreigner shall not be removed during the judicial appeal period or until after the finalisation of the appeal proceedings.

 According to article 54 of Law on Foreigners and International Protection:

 A removal decision shall be issued in respect of those foreigners listed below who/whose:

 a) are deemed to be removed pursuant to Article 59 of the Turkish Penal Code № 5237;

b) are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal organisation;

c) submit untrue information and false documents during the entry, visa and residence permit actions;

ç) made their living from illegitimate means during their stay in Turkey;

d) pose a public order or public security or public health threat;

e) has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled;

f) residence permits are cancelled;

g) overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason;

ğ) are determined to be working without a work permit;

h) breach the terms and conditions for legal entry into or exit from Turkey;

ı)  are determined to have entered into Turkey despite an entry ban to Turkey;

i) 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.

j) fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused.

 (2) A removal decision may be issued in respect of applicants or international protection beneficiaries solely when there are serious reasons to believe that they pose a threat to national security of the Turkey or if they have been convicted upon a final decision for an offence constituting a public order threat.

 Exemption from Deport 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) 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;

b) who would face risk due to serious health condition, age or, pregnancy in case of travel;

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;

ç) victims of human trafficking, supported by the victim’s assistance programme;

d) victims of serious psychological, physical or sexual violence, until their treatment is completed.

(2) Assessment within the scope of the first paragraph shall be made on case by case basis. These persons  58 Law on Foreigners and International Protection may be asked to reside at a given address and report to authorities in form and periods as requested.

 Administrative detention and duration of detention for deport purposes

 Where foreigners within the scope of Article 54 are apprehended by law enforcement units, they shall immediately be reported to the governorate for a decision to be made concerning their status. With  respect to those where a removal decision is considered necessary it shall be issued by the governorate.

The duration of assessment and decision-making shall not exceed forty-eight hours.

 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. Foreigners subject to administrative detention shall be taken to removal centres within forty-eight hours of the decision by the [same] law enforcement unit that apprehended them.

 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 consider it necessary. For those foreigners where administrative detention is no longer considered necessary, the administrative detention shall immediately be ended. These foreigners may be required to comply with administrative obligations  60 Law on Foreigners and International Protection such as to reside at a given address and report to the authorities in form and periods to be determined.

 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 alawyer, the person or his/her legal representative shallbe informed about the consequence of the decision,procedure and time limits for appeal.

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. Such an 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.

 

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Tags: arrest, appeal, detention, removal, deportation, turkey, foreigner