The deportation (removal) of foreign nationals is an administrative procedure applied by states to protect public order, national security, and public health. However, this procedure must strictly comply with international law, human rights standards, and the guarantees established by domestic legislation.

In this article, I explain the legal basis of deportation, the circumstances under which a removal decision may be issued, the legal remedies available to foreigners, and the international principles that must be respected throughout the process.

1. The Right to Asylum and International Protection

Deportation is closely linked to the right to asylum.
Under international law:

• A person cannot be deported before their asylum application has been fully examined.
• Their application must be assessed fairly, individually, and impartially.

In accordance with Article 3 of the European Convention on Human Rights (ECHR), if the individual risks:

• torture,
• inhuman or degrading treatment,
• or a serious threat to their life

in the country of return, the deportation cannot be carried out.

2. Legal Procedure and Fair Assessment

Any removal decision must be taken in line with legal procedures.
The foreign national has the right:

• to be informed of the reasons for the decision,
• to contest the decision,
• to present a defense,
• and to have access to an effective remedy.

These safeguards are essential to ensuring compliance with fundamental human rights.

3. Risk of Human Rights Violations

Deportation may lead to severe human rights violations.
If the removal exposes the individual to:

• torture,
• the death penalty,
• inhuman conditions,
• or a serious disruption of family life (ECHR Article 8),

the decision must not be enforced.

Furthermore, Protocol No. 4, Article 4 of the ECHR strictly prohibits collective expulsion of foreigners.

Turkey is also a party to the European Residence Convention, which requires expulsion decisions to be based on grounds such as national security, public order, or public morality.

4. Grounds for Deportation (Law on Foreigners, YUKK Article 54)

According to the Law on Foreigners and International Protection (YUKK), a deportation decision may be issued in cases such as:

• illegal entry or exit,
• threat to public order or national security,
• affiliation with a terrorist organization,
• overstaying the visa period,
• contagious diseases posing a public health risk,
• working without a permit,
• violating residence permit conditions,
• failure to comply with an order to leave the country,
• entering Turkey despite a ban on entry.

5. Challenging a Deportation Decision and Legal Representation

The deportation decision is notified to the foreigner, their legal representative, or their lawyer.
If the person has no lawyer, they may file an objection themselves.

Legal representation is crucial to:

• understanding the legal reasoning,
• preparing a strong defense,
• and preventing the loss of rights.

Lawyers specializing in foreigner law (asylum, citizenship, deportation) must be able to communicate effectively in the client’s language.

6. Appeal Procedure Against Deportation

• The foreigner or their lawyer may file an appeal with the Administrative Court within 7 days from notification.
• The court must conclude the case within 15 days.
• The court’s decision is final.

Once the appeal is filed, the foreigner cannot be deported until the judicial process is completed.

During this period, the lawyer may request alternatives to detention, such as:

• residence at a designated address,
• regular reporting obligations,
• financial guarantees,
• electronic monitoring,
• voluntary service in public-interest activities.

A foreigner placed in administrative detention may also apply to the Criminal Peace Judge to contest the detention measure.

7. Foreigners Who Cannot Be Deported (YUKK Article 55)

Even if they fall under Article 54, the following individuals cannot be deported:

• those who may face the death penalty, torture, or inhuman treatment in the country of return,
• those unable to travel due to pregnancy, advanced age, or serious health conditions,
• those who require ongoing medical treatment not available in the country of return,
• victims of human trafficking,
• victims of psychological, physical, or sexual violence.

Alternative obligations may be imposed instead.

8. The Principle of Non-Refoulement

The principle of non-refoulement, a cornerstone of international refugee law, is explicitly stated in YUKK Article 4:

“No person shall be returned to a place where they would face torture, inhuman or degrading treatment,
or where their life or liberty would be threatened due to race, religion, nationality, membership of a particular social group, or political opinion.”

This principle is absolute and non-derogable.

Conclusion: Deportation is a Highly Sensitive Legal Process

Although states have the sovereign right to expel foreigners, any deportation decision must respect:

• international law,
• human rights,
• the right to family life,
• and the principle of proportionality.

Each case must be examined individually and with great care.
Therefore, individuals facing deportation should:

✔ Consult a lawyer specialized in immigration and deportation law,
✔ Be fully informed of their rights,
✔ Follow a well-planned legal strategy.

Attorney Aykut YAVUZ