1) What is a deportation (removal) decision and who issues it?
In Turkey, deportation/removal decisions are administrative acts issued by governorates, often within the framework of Law No. 6458 and the migration administration. The decision must be notified with reasons, and the person should be informed about available remedies and deadlines.
In practice, the case usually becomes urgent the moment the notification is served: deadlines are short, and the legal path must be chosen correctly from day one.
2) Main remedy: Annulment lawsuit before the administrative court (7 days)
The primary remedy is an annulment (cancellation) lawsuit before the administrative court. The statutory deadline is 7 days from notification, and the applicant is also expected to inform the authority that issued the deportation decision about the court application.
How fast is the procedure—Is the judgment final?
The law foresees an accelerated process: applications are to be concluded within a short timeframe (commonly referenced as 15 days), and the court’s decision on this matter is designed to be final.
Does filing the lawsuit stop removal?
The statutory framework provides that, unless the foreigner consents otherwise, the person should not be removed during the filing period or until the proceedings end if a judicial remedy has been used.
That said, because removal can produce irreversible harm, high-risk cases should be handled with an “emergency litigation” mindset, especially where torture/ill-treatment allegations exist.
3) If there is administrative detention: Criminal Judgeship of Peace review (5 days)
Many deportation files also involve administrative detention in a Removal Centre. Turkish law assigns review of detention to the Criminal Judgeship of Peace (rather than administrative courts).
Key points:
- The person (or legal representative/lawyer) may apply against detention.
- The application does not automatically suspend detention.
- The judge must decide within 5 days, and the decision is final.
So, a proper legal strategy often requires two parallel tracks: (i) annulment lawsuit against deportation, and (ii) separate detention review if the person is being held.
4) Non-refoulement and “non-removable” assessments
A central argument in many removal cases is non-refoulement: no one should be sent to a place where they face torture/inhuman treatment or threats to life or liberty on protected grounds.
In addition, the administration is expected to conduct an individualized assessment of whether the person falls within categories that should not be removed (often discussed under Article 55 practice).
5) Emergency protection: Constitutional Court and ECtHR interim measures
Constitutional Court (individual application + interim measure):
In urgent deportation scenarios, interim protection may be sought in the constitutional complaint framework. The Constitutional Court has publicly addressed situations where an ongoing legal challenge did not prevent deportation, and assessed effective remedy issues in connection with ill-treatment risks.
The general time limit for an individual application is 30 days from exhaustion/learning of the violation.
European Court of Human Rights (Rule 39):
For exceptional, high-risk cases, the ECtHR’s Rule 39 interim measures are a recognized emergency tool to prevent removal where irreparable harm is alleged.
The ECtHR time limit after the final domestic decision is 4 months.
6) How to strengthen the file (evidence checklist)
Successful removal litigation typically depends on connecting legal arguments to concrete evidence, such as:
- Country-risk documentation: credible reports, past incidents, threats, judicial documents, media records.
- Medical evidence: diagnoses, ongoing treatment, prescriptions, hospital reports.
- Family/private life evidence: marriage/children records, education documents, long-term residence and integration indicators.
- Due process issues: notification defects, lack of reasoning, translation/interpreter needs, access to counsel.
Conclusion
Challenging a deportation decision in Turkey is rarely a “single petition” exercise. It is a fast, multi-layered process: a 7-day administrative lawsuit, detention review where applicable, and—if risk is acute—interim protection strategies before constitutional and international mechanisms. When built on strong evidence and correct procedural steps, the legal framework can meaningfully reduce the risk of irreversible harm and secure an effective remedy.
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