Deportation Decision (Deport): Grounds, the Seven-Day Deadline and Routes of Challenge

First published: January 24, 2025. Updated and source review: October 13, 2026.

An action for annulment may be brought in the administrative court against a deportation decision within seven days of its service. Subject to the consent of the foreign national, the deportation is not carried out within the period for bringing the action and until the action brought within that period is concluded. An objection to administrative detention in a removal centre is made separately to the criminal judgeship of peace (sulh ceza hâkimliği). [S1, Art. 53 and 57]

Deportation has a direct effect on a person's work, education, family relationships and security in Türkiye. The ground on which the decision is based, the country to which removal is planned and the manner of service must be determined at the outset. This article explains together the grounds for deportation, the barriers to removal, the routes of action and application, administrative detention and the problems of re-entry. The explanations are general in nature; in a concrete file, the decision, the service and the person's status must be examined separately.

What is a deportation decision?

Deportation is an administrative act, under the Law No. 6458 on Foreigners and International Protection (YUKK), that aims to remove a foreign national from Türkiye. In everyday usage it is referred to as "deport". A foreign national is a person who does not have a bond of citizenship with the Republic of Türkiye. Turkish citizens cannot be deported; the fact that a person is also a citizen of another country does not remove this safeguard so long as Turkish citizenship continues. [S1, Art. 3; S3, Art. 23]

The safeguards applicable to nationals of foreign states and to stateless persons are not the same. Holders of a Stateless Person Identity Document may not be deported unless they pose a serious threat to public order or public security. An application for international protection, or the status it confers, is also assessed under its own rules. No status permits the principle of non-refoulement to be disregarded. [S1, Arts. 4, 51 and 54]

A deportation decision, a ban on entry to Türkiye, a restriction code, the cancellation of a residence permit and administrative detention are different measures. An application against one does not necessarily remove the others. The extradition of suspects is also a separate legal process and should not be treated as the same as a deportation measure. The change to the former conditional entry practice is addressed in the article abolition of conditional entry (V84).

Who may be made the subject of a deportation decision?

The grounds under YUKK Article 54 are explained below. The existence of a ground does not mean that a person may be removed automatically without examination of their state of health, the risk of refoulement and the relevant fundamental-rights safeguards. The exceptions under YUKK Article 55 and Article 52 of the Implementing Regulation are also taken into account. [S1; S4]

Prison sentence and Article 59 of the Turkish Penal Code

The status of a foreign national sentenced to imprisonment for an offence committed is reported to the Ministry of the Interior, to be assessed with regard to deportation procedures after supervised release has been applied or after conditional release and in any event after the enforcement of the sentence. The notification is not, by itself, a deportation ruling of the criminal court; the competent administration carries out a separate assessment. [S5, Art. 59; S1, Art. 54/1-a]

Connection with a terrorist organization or a criminal organization pursuing financial gain

Being a leader, member or supporter of a terrorist organization, or of a criminal organization pursuing financial gain, is a ground for deportation. In this area, an accusation or a record alone should not be regarded as sufficient; the underlying facts and the person's objections are examined. It cannot be said that a final conviction is required in every file. An administrative assessment and the proof of criminal liability are different matters. [S1, Art. 54/1-b; S8, §§57–64]

False information and forged documents in entry, visa or residence procedures

The use of false information and forged documents in entry, visa and residence permit procedures falls within this category. The nature of the document, the procedure in which it was used and the connection with the foreign national must be made concrete. Findings concerning passport, visa or residence application documents are checked against the file. [S1, Art. 54/1-c]

Earning a living by unlawful means

Foreign nationals found to have earned a living by unlawful means while in Türkiye may be made the subject of proceedings. The administration must explain which activity forms the basis of this conclusion. Having a low income or being unemployed is not the same assessment as earning a living from an unlawful activity. [S1, Art. 54/1-ç]

Threat to public order, public security or public health

Posing a threat to public order, security or health is a ground for deportation. However, repeating the word "threat" in the decision does not replace an individual justification. Security information and health findings must be linked to the relevant statutory ground. For public health, the medical report is taken into account. [S1, Art. 54/1-d; S4, Art. 52/2; S8]

Breach of a visa or visa exemption

Exceeding the period of a visa or visa exemption by more than ten days, or the cancellation of a visa, falls within Article 54/1-e. However, situations regulated in Article 52 of the Regulation, such as a person voluntarily presenting themselves at the border gate to leave, are assessed separately. Breach of the time limit, a fine and an entry ban are not the same procedure. [S1; S4]

Cancellation of a residence permit

Foreign nationals whose residence permit has been cancelled fall within Article 54/1-f. The existence of the cancellation decision, its service and any action brought against it are examined separately. The fact that an action against the residence permit has been brought does not remove the need to bring an action within seven days against a deportation decision subsequently issued. [S1, Arts. 53–54; S4, Art. 52]

Exceeding the residence period without acceptable justification

Exceeding the period after the expiry of a residence permit by more than ten days without acceptable justification is a ground for deportation. Where events are alleged that actually prevented departure, such as hospital admission, they must be explained with dated documents. It cannot be assumed that every excuse will be accepted automatically. [S1, Art. 54/1-g]

Working without a work permit

Persons found to have worked without a work permit may be dealt with under Article 54/1-ğ. The reason for the person's presence at the workplace, whether they were in fact working and whether a valid permit or exemption exists must be investigated. [S1; S9]

The scope of permit applications may be examined separately in the process of work permit applications by foreign nationals in Türkiye. Making an application for a permit does not, in itself, remove an existing deportation decision.

The documents required for a work permit and the routes of application are dealt with in our article work permit conditions and application process.

Violating or attempting to violate the provisions on lawful entry or exit

Violating, or attempting to violate, the provisions on lawful entry into Türkiye or lawful exit from Türkiye falls within Article 54/1-h. The place and date of the event, the documents used and the person's request for protection are assessed together. Irregular entry does not remove the principle of non-refoulement. [S1, Arts. 4, 8 and 54]

Coming to Türkiye despite an entry ban

Where it is established that a foreign national has come to Türkiye despite a valid entry ban, Article 54/1-ı may apply. The addressee of the ban, its duration, whether it is in force and whether a special entry permit exists must be checked. Where there is an allegation that the records of persons with similar names have been confused, identity matching is carried out separately. [S1, Arts. 9 and 54]

No right to remain in Türkiye after the international protection process

Foreign nationals whose application has been rejected, who have been excluded from protection, whose application has been found inadmissible, who have withdrawn or are deemed to have withdrawn their application, or whose status has expired or been cancelled, and who have no other right to remain in Türkiye after the final decision, fall within Article 54/1-i. The conclusion should not be reached merely by recording "rejection of protection" without examining the stage of the decision, the routes of application and any other rights of stay. [S1, Arts. 54 and 80]

Not leaving after refusal of an application to extend residence

Foreign nationals whose application to extend a residence permit has been refused and who do not leave Türkiye within ten days fall within Article 54/1-j. The date of notification of the refusal decision and the relevant exceptions are assessed. This ten-day departure period does not replace the seven-day period for bringing an action against a deportation decision. [S1; S4, Art. 52]

Links with terrorist organizations defined by international bodies

Those assessed to be connected with terrorist organizations defined by international institutions and organizations fall within Article 54/1-k. The concrete basis of the connection and the personal defenses must be examined. A decision may also be taken under subparagraphs (b), (d) and (k) of Article 54(2) against persons with an application for or the status of international protection; the non-refoulement principle and other fundamental-rights safeguards continue to apply. [S1; S8]

Who may not be deported?

Under YUKK Article 55, no deportation decision is taken against the following foreign nationals, even where they fall within Article 54:

• Persons in respect of whom there are serious indications of a risk of the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they would be sent.
• Persons whose travel is considered risky because of a serious health problem, age or pregnancy.
• Persons who are receiving treatment for a life-threatening illness and for whom there is no possibility of treatment in the country to which they would be sent.
• Victims of human trafficking who benefit from the victim support process.
• Victims of psychological, physical or sexual violence until their treatment is completed.

The assessment is made separately for each person; an obligation of residence at a specific address or of notification may be imposed. Not every illness or every pregnancy leads to the same result on its own. The risk of travel, the consequences of interrupting treatment and the treatment facilities in the country of removal must be explained with documents. [S1, Art. 55] For the process and the documents, the article non-deportation because of health and pregnancy may also be examined.

Article 52 of the Implementing Regulation provides for additional situations, such as foreign nationals who come to the border gate to leave voluntarily in cases of certain visa and residence violations. The conditions of these exceptions are checked for each person; it does not follow automatically that no fine or separate entry ban applies. If an obstacle arises after a deportation decision has been taken, the non-implementation of the decision and humanitarian residence are separately assessed under Article 57 of the Regulation and YUKK Article 46. [S1; S4]

How is the prohibition of refoulement applied?

YUKK Article 4 prohibits sending a person to a place where they would be subjected to torture or to inhuman or degrading treatment, or where, for specified reasons, their life or liberty would be threatened. Protection under Article 3 ECHR is absolute; this protection cannot be set aside on grounds of security. The risk is investigated with regard to the country to which the person would be sent and the person's own circumstances. [S1; S6; S11, §§72–76]

It is not sufficient to rely only on the name of the country or on a general expression of fear. Threats directed at the person, earlier ill-treatment, requests for protection, medical documents and current country information should be presented together. On the other hand, membership of a group systematically subjected to ill-treatment, or serious general conditions, may also be important in the assessment. The duty of the authorities to investigate cannot be reduced to requiring the foreign national to produce a document they would not in every case be able to obtain. [S11, §§73–89]

Removal to a third country is also not beyond review. The possibility that the third country would send the person on to a place of danger is examined as a risk of indirect refoulement. [S11, §88]

Family life and the best interests of the child

The presence of a spouse or child in Türkiye does not automatically prevent every deportation decision. However, genuine family ties, living together, the care and education of children, the status of the spouse, dependency relationships and obstacles to continuing family life in another country must be assessed. A proportionate balance must be struck between the public interest and the gravity of the interference with family life. [S3, Arts. 20 and 41; S6, Art. 8; S9] See also How Does a Turkish Citizen Spouse or Child Affect a Deportation Decision?.

Together with a marriage certificate, documents showing joint residence, the school and health records of children, responsibility for care and regular contact are important. Whether a foreign national married in Türkiye and whether the deportation decision is lawful are separate matters for examination. Marriage does not remove the need for the existing procedures to be assessed separately.

Who takes the decision and how is it served?

A deportation decision is taken on the instructions of the Presidency of Migration Management or ex officio by the governorate. A separate decision is required for each foreign national. The decision, together with its reasons, is served on the foreign national, their legal representative or their lawyer. A foreign national not represented by a lawyer, or their legal representative, must be informed of the outcome of the decision, the procedures for objection and the time limits. [S1, Art. 53; S4, Arts. 54 and 56]

A copy of the decision and of the service form should be obtained. The date of service, the signature, the interpreter's details, the language used and whether the decision was explained in an understandable way are checked. Where there is a problem with service, it is raised with the concrete event and documents. Because there is an allegation of irregular service, it is not safe to wait without taking any step.

Where a foreign national has been arrested by law enforcement and is being assessed for deportation, the governorate must be notified without delay; the period for assessment and decision is at most 48 hours under the law. There is a separate maximum of 48 hours for taking a person subject to an administrative detention decision to a removal centre. These provisions cannot be read as meaning that all foreign nationals may be held for 96 hours without justification. The starting point and processing records are examined separately. [S1, Art. 57/1–2; S4, Art. 53]

For questions of service form and the seven-day period, see our article service and the seven-day action period.

In which court is an action brought against a deportation decision?

The competent jurisdiction for an action for annulment is the administrative court. The general rule of jurisdiction is that the administrative court of the place where the administrative authority that made the decision is located has jurisdiction. The current division of work and allocation rules between the relevant judicial district and the courts are checked. It should not be assumed that "the 1st Administrative Court" has jurisdiction in every province. [S1, Art. 53; S2, Art. 32]

The action may rely on claims of unlawfulness in respect of competence, form, reasons, subject matter and purpose. Incorrect records of the person, inadequate reasons, an erroneous finding of fact, or failure to assess obstacles to removal or family ties may be raised depending on the concrete file. The fact that an application has been made to the court is also notified to the authority that made the decision; the registration number and the receipt are kept. [S1, Art. 53; S2, Arts. 2–3]

How is the seven-day period for an action calculated?

Under Article 53(3) of YUKK, the special period for an action is seven days from service. The general period of 60 days in administrative actions does not apply to this measure. Under Article 8 of the İYUK, the period begins to run on the day following the date of service, and holidays in between are taken into account. If the last day falls on a holiday, the period is extended to the end of the next working day. Seven days are not seven working days. [S1; S2]

For example, where a decision is validly served on Tuesday, October 13, 2026, and no special circumstances apply, the count begins on October 14 and the seventh day is Tuesday, October 20, 2026. This example assumes physical service; the date on which electronic notification is deemed to have taken place is determined separately. It should not be assumed that the judicial recess extends the period under this special law.

Does an administrative application stop the period?

The general rule of Article 11 of the İYUK is that a properly made application for revocation, withdrawal or amendment within the period for bringing an action stops that period. If no answer is given within thirty days, an implied rejection arises; after the rejection, the time elapsed before the application is also taken into account and the remaining period runs. This general rule does not mean that every petition produces the same result in respect of every measure. [S2, Art. 11]

In a deportation case, the addressee of the application, its content and timing, and the special litigation regime must be assessed together. A request for information, booking an appointment or applying for another permit is not automatically regarded as an application under Article 11. To avoid loss of rights, the seven-day period should not be allowed to pass while waiting for the administration's reply; the action for annulment must be brought within that period. The making of an administrative application should not be accepted as a substitute for the protection against deportation that comes with bringing an action.

Does bringing an action stop the deportation?

Under Article 53(3) of YUKK, subject to the consent of the foreign national, the statutory safeguard is that the person is not deported within the period for bringing an action and, where judicial proceedings are commenced, until the case is concluded. A decision on the stay of execution is not required for this safeguard. The prompt notification of the record of the action to the deciding authority and to the removal centre where the process is being carried out is of great practical importance. [S1; S4, Art. 59]

This result must be distinguished on three points: bringing an action for annulment does not of itself end administrative detention; it does not automatically grant a residence or work permit; and it does not automatically remove an independent entry ban. Applications concerning other measures against the same person must be planned separately.

How long does the proceeding last, and is the decision final?

Under the procedure introduced by Law No. 7533 in 2024 and reflected in the current Article 53(3) of YUKK, the file is deemed ready for decision (tekemmül) once the administration has filed its defense or the period for its defense has expired. The court may hold a hearing if it considers it necessary. The action is concluded within 15 days from the date the file is ready for decision, or from the completion of interim decision or hearing steps. Under Provisional Article 3, the 2024 amendments apply to actions brought after the entry into force of that provisional article. [S1]

It is therefore not correct to say that the case "will always be concluded within 15 days from the date it was filed". The time taken for service, the defense and interim decisions must also be taken into account. The special provision states that the court's decision on this point is final; an ordinary route of appeal or cassation is not provided.

Where the file is removed from the docket because service cannot be effected at the address notified by the claimant, the period for reinstatement under Article 26(3) of the İYUK applies in these actions as two months. Changes in the address and representative details must be notified to the court. [S1, Art. 53/3; S2, Art. 26/3]

Administrative detention and the removal centre

Administrative detention is a restriction of liberty within the scope of deportation procedures; it is not the same as a detention order issued by a criminal court. The statutory conditions assessed include the risk of flight or disappearance, breaches of the rules of entry and exit, the use of forged or unfounded documents, failure to leave without excuse within the period granted, or a threat to public order, security or health. The law provides for administrative detention or alternative obligations for the persons concerned. [S1, Art. 57]

Duration, extension and monthly review

Administrative detention in a removal centre may last for at most six months. Where removal cannot be completed because the person does not cooperate or does not provide accurate information or documents about their country, the period may be extended by a further six months at most. Six or twelve months are not periods that will certainly be applied to everyone. [S1, Art. 57/3]

The continued necessity of the detention is reviewed by the governorate every month, and earlier where needed. Where the necessity ceases, the detention is terminated immediately. The decision, the extension and the results of the monthly review must be notified with their reasons. Whether removal is actually possible and whether less onerous obligations would be sufficient must be argued concretely in the application. [S1, Art. 57/4–5; S4, Art. 61]

Where is an objection to administrative detention made?

The foreign national, their legal representative or their lawyer may apply to the criminal judgeship of peace. Article 57(6) of YUKK does not set a fixed preclusive period such as seven days for this application. Nevertheless, because the restriction of liberty continues, it is important to apply without delay. The judge concludes the review within five days, and the decision is final. [S1]

The application does not of itself stop administrative detention. A fresh application may be made on the ground that the conditions of detention have changed or ceased. An objection petition handed to the administration must be sent to the competent criminal judge of peace without delay. An application to the criminal judgeship of peace does not replace the action that must be brought before the administrative court against a deportation decision. [S1, Art. 57/6; S4, Art. 59]

Alternative obligations to administrative detention

Article 57/A of YUKK regulates obligations to reside at a specific address, to report, family-based return, return counselling, voluntary service in public-interest work, security and electronic monitoring. One or several of these may apply; the total period of application may not exceed 24 months. A decision imposing alternative obligations does not amount to annulment of the deportation decision. [S1]

Failure to comply with the obligations may lead to administrative detention. Legal exceptions, such as force majeure or a pending court process, are assessed separately where a security is not complied with. An application against electronic monitoring is provided for before the criminal judgeship of peace; the rules of review within five days and that an application does not stop the measure of itself apply. The lawfulness of the other obligations is determined separately according to the nature of the measure. [S1, Art. 57/A]

What rights exist in a removal centre?

In removal centres, urgent and basic health services are provided free of charge. The foreign national is given the opportunity to communicate with their lawyer, a notary, their legal representative and relatives, and to access telephone services. The law also regulates the possibility for visitors to meet an official of the consulate of their country of nationality and an official of the United Nations High Commissioner for Refugees (UNHCR). [S1, Arts. 58–59]

The highest interests of the child are taken into account; families are accommodated in separate places and necessary measures are taken so that children can benefit from education. Health or security problems, the need for medication and special support requirements must be notified and recorded. A foreign national who cannot afford a lawyer's fee may request legal aid from the bar association under the conditions set out. The appointment of a lawyer and exemption from court fees and costs through legal aid are separate requests. [S1, Arts. 57/7 and 59; S2, Art. 31]

For those who have relatives in the centre, first applications are described in our article I Have a Relative in the Removal Centre.

Invitation to leave, the country of removal and costs

How much time is given to leave Türkiye?

A foreign national who meets the conditions is given a departure period, to be stated in the deportation decision, of not less than 15 days and not more than 30 days. No period is granted where there is a risk of flight or disappearance, a breach of the rules on lawful entry or exit, forged documents, an attempt to obtain a residence permit with an unfounded document, or a finding of a threat to public order, security or health. [S1, Art. 56]

A departure permit document that is not subject to fees is given to the person invited to leave; fee-related and penalty-related obligations for visas and residence fees are preserved. Under Article 58/3 of the Regulation, a residence or work permit may not be applied for during the period of invitation to leave. A departure period of fifteen or thirty days does not extend the seven-day period for bringing an action. [S1; S4]

To which country may a foreign national be sent?

The country of origin, a transit country or a third country may be considered. Citizenship, the possibility of admission and any request concerning a third country to which the person may go are assessed. Where a person has more than one citizenship or a right of stay in another country, their documents must be submitted. The person's preference for a country does not remove the admission conditions of that country or the review under the prohibition of refoulement. [S1, Art. 52; S4, Art. 51]

How is a deportation decision carried out?

The procedures are carried out in coordination with the relevant migration administration or the removal centre; the foreign national is taken to the border gate by law enforcement. Travel expenses are as a rule borne by the foreign national. If they have no money or insufficient money, they may be covered by the public authorities under the procedure set out in the law; the amount reserved for the person's basic needs and the collection provisions are observed. Failure to pay the costs may affect subsequent entry procedures. [S1, Art. 60; S4, Art. 62]

Passports or other documents may be retained for the period necessary for deportation procedures; there is also a provision on the conversion of tickets into cash. The relevant legal responsibilities of persons who give a costs undertaking and of employers who employ persons without a permit are assessed separately. There is no fixed fine or standard amount of costs applicable to every file. [S1, Art. 60]

What does voluntary return mean?

Voluntary return must rest on the informed and free will of the person. Because of the consent exception under Article 53 of YUKK, signing a form may have serious consequences. The content of the document must be explained in a language the person understands; where there is an objection to the decision or a risk of refoulement, this must be recorded. Allegations of pressure, deception or lack of translation are assessed on concrete facts. [S1; S4, Art. 63] For details on the subject, see Voluntary Return Form: Valid Consent, Objection and the V-87 Record.

Under Article 60/A of YUKK, appropriate persons who wish to return voluntarily may be given in-kind or cash support. This does not mean that a fixed amount will be paid to every applicant. Voluntary return should not be treated merely as a quick departure procedure without considering judicial remedies and the need for protection together.

Entry ban to Türkiye and re-entry

An entry ban may also be applied to a foreign national who has been deported. Under Article 9 of YUKK the ban may last for at most five years; where there is a serious threat to public order or public security, this period may be increased by a further ten years at most. These upper limits do not mean that every person will be given a five- or fifteen-year ban. The reasons for the decision, its duration and personal circumstances are also examined separately. [S1]

Where a person whose visa or residence period has expired applies to leave voluntarily before their status is determined, pays their penalties and does not exceed the prescribed periods of violation, it may be possible for no entry ban to be applied. The time of departure is also important in the invitation-to-leave period. Whether there is any other security or entry obstacle is also checked separately. [S1, Art. 9/4–5; S4, Art. 58; S15]

The competent administration may lift an entry ban or grant a time-limited entry permit while the ban remains in place. The name of a restriction code alone does not determine the route to be followed; the decision, record and reasons on which the code is based should be requested. Obtaining a new passport, paying a fine or marriage does not automatically remove all valid bans. An administrative application and an action for annulment against an entry ban are assessed separately from the action against the deportation decision. Entries conditional on prior permission are examined in our article prior permission and visa with conditions under restriction codes N-82 and N-99. [S1, Arts. 9–10; S2]

For restriction records, see our restriction code guide, for specific codes G-87 and Ç-113, and for bans arising from visa and residence violations, see the article visa and residence violation entry ban.

Application to the Constitutional Court and the ECtHR

After a final decision of the administrative court, an individual application may be made to the Constitutional Court for claims of violation of fundamental rights, within the framework of the admissibility conditions and the exhaustion of effective remedies. The general period is 30 days from learning that the remedies have been exhausted. In the case of valid excuse, the conditions of the special opportunity of 15 days from the cessation of the excuse are assessed separately. [S7, Arts. 45 and 47]

Because learning of a final decision by opening and reading it on UYAP may count as knowledge, a paper service should not be awaited in every case. Tracking of the period must be done together with the case records of the lawyer and the applicant. [S10]

An individual application does not of itself stop the deportation procedure. Article 73 of the Constitutional Court's Rules of Procedure, amended on August 5, 2025, is based on a serious danger to the applicant's fundamental rights, in particular to their life or to their material or moral integrity. Within this scope, a reasoned request for a measure may be assessed. The nature of the risk, the country to which removal is planned, the planned time of implementation and the supporting documents must be clearly presented. The granting of a measure does not mean that the application will be accepted on the merits or that the time-limit requirement has been cured. [S7, Art. 49/5; S10; S16]

From October 1, 2025, lawyers may also make individual applications through the UYAP Lawyers' Portal. The current official form and procedure must be used in the application. [S13]

An application to the ECtHR requires that effective domestic remedies have been exhausted and, as a rule, that the application is made within four months of the final domestic decision. In exceptional cases where there is a risk of imminent and irreparable harm, an interim measure may be requested under Article 39 of the Rules of Court. Sending an application or a request for an interim measure to the ECtHR alone does not provide an automatic stay. [S6, Art. 35; S12]

What distinctions do recent court decisions show?

The decision in A.A.S.S. and concrete reasoning

In its decision in A.A.S.S., Application No. 2021/2075, November 4, 2025, the Constitutional Court found a violation of the right to an effective application, connected with freedom of residence, because the facts on which the deportation measure was based could not be learned and the court had confined itself to a formal review. However, in the same file there was no violation as regards the right to life and the prohibition of ill-treatment; the complaint concerning family life, which was not sufficiently substantiated, was found inadmissible. The decision shows that different claims of rights must be established with separate facts and documents. [S8, §§40–49 and 57–68]

The decision in Hekmat Al Zaim and family life

In its decision in Hekmat Al Zaim, Application No. 2021/29101, March 4, 2026, the Constitutional Court did not adequately assess the contradictions concerning the allegation of unauthorized work and the effects on the applicant's family life. The Court found a violation of the right to respect for family life and ordered a retrial. This decision cannot be generalized to mean that everyone married in Türkiye cannot be deported; it shows that genuine defenses and family ties must be examined with reasons. The restriction and fine consequences arising from unauthorized work are addressed in our article restriction codes C-117 and C-119 for unauthorized work. [S9, §§17–26]

The decision in Osman Kahya and learning through UYAP

In its decision in Osman Kahya, Application No. 2024/54133, January 14, 2026, the applicant did not apply within 30 days of reading the final decision through the UYAP Citizen Portal. The application was found inadmissible for being out of time, and the earlier interim measure preventing deportation was terminated. The granting of a measure therefore does not mean that the time check has been passed. [S10, §§5–14 and judgment]

Effective application and the correct reading of historical decisions

The ECtHR's decision in Abdolkhani and Karimnia v. Türkiye, Application No. 30471/08, September 22, 2009 is important in respect of a real risk of ill-treatment, a deficiency of service, the effective application and liberty safeguards. The AYM's Y.T., Application No. 2016/22418, May 30, 2019, pilot decision also addressed the structural problem arising from the application route at that time, which had no suspensive effect. [S11; S14]

The legislation in force at the time of those decisions does not apply in place of today's Article 53(3). The current law provides, subject to the consent of the foreign national, for the period for an action and the safeguard against deportation throughout the proceedings. Earlier decisions should be read together with the current provision and with their own historical context. [S1]

Which documents should be prepared at the first stage?

The first task is to determine the time limits and the separate decisions. Even where the deportation decision and the administrative detention decision were issued on the same day, the bodies to which applications are made are different.

The legal basis of the applications in the table is YUKK Articles 53 and 57, İYUK Articles 7 and 27 and Law No. 6216 Article 47. The special periods for decisions on international protection are examined separately. [S1; S2; S7]

The petition for the action should contain the parties and their addresses, the date and number of the decision, the date of service, the events, the grounds of unlawfulness, the documents and a clear request for annulment. A request may be made for the file of the procedure that could not be reached to be obtained by the court. Using a ready-made petition merely by changing the name may lead to the omission of personal risks or family-life claims specific to the individual. [S2, Arts. 3 and 20]

How should legal assistance be planned?

Work on a deportation file covers checking service and time limits, identifying the separate administrative procedures, the action before the administrative court, an objection to administrative detention where necessary, and an assessment of the need for individual application. The same statutory distinctions apply to a decision given in Antalya; the competent judicial body is determined by reference to the decision and the authority that made it.

For a review by Güneş & Güneş Law Firm, the file should first include the complete decisions and service documents. Personal information concerning health, family and protection claims should be shared only to the extent necessary for the assessment of the file, with confidentiality observed. Legal assistance cannot be offered as a guarantee of a particular result or of a fixed time limit.

Conclusion

In a deportation decision, the priority is to preserve the seven-day period for an action and to make the application to the correct body. The accuracy of the service, the risk in the country of removal, the state of health and family life are as important as the grounds for the decision. Administrative detention and entry bans are assessed separately. Preparing the file with concrete documents, notifying the administration of the application to the court, and monitoring later decisions in time are necessary for rights to be exercised effectively.

For protection statuses, see our guide to international and temporary protection; for other actions and applications in foreigners' law, see our practice page Foreigners' Law, Deportation and International Protection.

Frequently Asked Questions

Are deportation and "deport" the same thing?

In this context they refer to the same measure. It is an administrative decision to remove a foreign national from Türkiye on lawful grounds. [S1, Arts. 52–53]

Who may be deported?

A decision may be taken in respect of foreign nationals falling within Article 54 of YUKK. The prohibition of refoulement, the obstacles under Article 55 and other safeguards applicable to the person are also assessed separately. Turkish citizens cannot be deported. [S1; S3]

Who makes the deportation decision?

The decision is taken on the instructions of the Presidency of Migration Management or ex officio by the governorate. [S1, Art. 53/1]

Does the foreign national have a right to object to the decision?

Yes. The foreign national, their legal representative or their lawyer may bring an action for annulment in the administrative court within seven days. The application must be notified to the authority that made the decision. [S1, Art. 53/3]

Can forgery in documents be a ground for deportation?

Yes. The use of forged documents and false information in entry, visa and residence permit procedures is assessed under Article 54/1-c. The specific document, its use and the connection with the person must be examined. [S1]

Can the foreign national choose the country to which they are sent?

Their request concerning a third country to which they can go is considered; however, admission conditions, citizenship status and the risk of refoulement are also examined. Preference alone is not sufficient. [S4, Art. 51]

What is the prohibition of refoulement?

It is the principle that a person may not be sent to a place where there is a threat to life or liberty for the reasons stated in the law, or where they would be subjected to torture, inhuman or degrading treatment. The risk of indirect refoulement is also important. [S1, Art. 4; S11]

Is a foreign national who presents a risk of flight always placed under detention?

Administrative detention is assessed under the statutory conditions, and the person's circumstances and alternative obligations are considered together. The decision must have a concrete justification; a standard expression alone is not regarded as sufficient. [S1, Arts. 57 and 57/A]

How long can administrative detention last?

At most six months. Where removal cannot be completed because of a failure to cooperate or to provide accurate information or documents about the country, it may be extended by a further six months at most. It ends earlier if the necessity ceases. [S1, Art. 57]

What are the alternative obligations?

Address, reporting, family-based return, counselling, voluntary public service, security and electronic monitoring. One or more may apply; the period may not exceed 24 months. [S1, Art. 57/A]

Can a deported person come back to Türkiye?

This depends on the entry ban, the permit conditions and other obstacles. The ban is generally at most five years; where there is a serious threat to public order or security, it may be increased by a further ten years at most. The competent administration may lift the ban or, while the ban remains in force, grant a time-limited entry permit. Not every deportation decision means an automatic five- or fifteen-year ban. [S1, Art. 9]

Is a period given to leave Türkiye after the decision?

Where the conditions are met, a period of 15–30 days is given; it is not given in the statutory exceptions. This period does not extend the seven-day action period. [S1, Art. 56]

How many days are there to bring an action against a deportation decision?

Seven days from service. The count begins the day after service; the effect of holidays and the type of service is checked separately. [S1, Art. 53; S2, Art. 8]

Does the court conclude the case within 15 days?

The 15 days in the law are counted from the date the file is ready for decision, or from the completion of interim decision or hearing steps. It is not a firm completion commitment running from the date of filing. [S1, Art. 53/3]

Does bringing an action stop deportation?

Subject to the consent of the foreign national, the person is not deported within the period for the action and until the proceedings are concluded. Administrative detention is assessed separately. [S1, Arts. 53 and 57]

Can an application be made to the Constitutional Court?

An application may be made where a violation of fundamental rights is alleged, within the admissibility conditions. The AYM is not an ordinary appellate authority. [S7, Art. 45]

What is the period for an individual application?

As a rule, 30 days from learning of the final decision. Opening and reading a decision on UYAP may count as learning; waiting for a paper service may lead to loss of time. [S7; S10]

In what circumstances can the AYM grant a measure?

A measure may be considered where there is a serious danger to fundamental rights, in particular to life or to material or moral integrity. An application alone does not provide a stay; a reasoned request and concrete information about the risk are required. [S7, Art. 49/5; S10; S16]

What services are provided in a removal centre?

Urgent and basic health care, contact with a lawyer and relatives, communication, access to the relevant consulate and UNHCR officials, and special measures for children are regulated in the law. [S1, Art. 59]

If I file a petition with the governorate, is there no need to go to court?

An administrative application and an action for annulment are different. The effect of the application on the period is assessed separately; the seven-day action period must not pass while waiting for the administration's reply. [S1, Art. 53; S2, Art. 11]

Does an objection to administrative detention annul the deportation decision?

No. The criminal judgeship of peace reviews the detention. A separate action in the administrative court is required to annul the deportation decision. [S1, Arts. 53 and 57]

Does being married to a Turkish citizen prevent deportation?

It is not an automatic obstacle. Genuine family life, children and other personal circumstances must be taken into account in the assessment of proportionality. [S6, Art. 8; S9]

If the action is won, is a residence permit obtained immediately?

A deportation decision that has been annulled cannot be enforced; under Article 57(3) of the Regulation, the deportation decision and any related administrative detention decision are terminated, and procedures for lawful stay are carried out. A specific residence or work permit is not acquired automatically. Separate decisions, where they exist, are examined separately. [S4]

Does paying a fine remove the deportation?

Not by itself. The fine, the deportation procedure and the entry ban have different legal consequences. Payment may be important in some assessments of departure and entry bans. [S1, Arts. 9 and 56; S15]

What should be considered when signing a voluntary return form?

The understanding of the text, translation, free will, the existing case and the risk of refoulement should be considered together. Signing the form may affect the procedure because of the consent exception. [S1, Art. 53; S4, Art. 63]

What can a foreign national who cannot pay the lawyer's fee do?

Depending on their circumstances, they may request legal aid from the bar association for lawyer services, and from the court for legal aid covering court fees and costs. The request does not automatically extend the periods for application. [S1, Art. 57/7; S2, Art. 31; S10, §9]

Sources and legal bases

Date of source review: October 13, 2026. The consolidated texts of the laws and the relevant reasoning and operative parts of the full official texts of the decisions have been used as the basis. Statements on decisions are limited to the concrete case and the date of the decision.

S1 — Law No. 6458 on Foreigners and International Protection; in particular Arts. 3–4, 9–10, 46, 51–60/A and 80. Current text of the law.

S2 — Law No. 2577 on Administrative Procedure (İdari Yargılama Usulü Kanunu); in particular Arts. 2–4, 7–8, 11, 20, 26–27, 31–32. Current text of the law.

S3 — Constitution of the Republic of Türkiye; Arts. 17, 19, 20, 23, 40, 41 and 148. Text of the Constitution.

S4 — Regulation on the Implementation of the Law on Foreigners and International Protection, Official Gazette March 17, 2016, No. 29656; in particular Arts. 51–63. Consolidated regulation.

S5 — Turkish Penal Code No. 5237, Art. 59. Text of the law.

S6 — European Convention on Human Rights; in particular Arts. 3, 5, 8, 13 and 35. Turkish text of the Convention by the ECtHR.

S7 — Law No. 6216 on the Establishment and Rules of Procedure of the Constitutional Court, Arts. 45–50. Text of the law.

S8 — AYM, A.A.S.S., Application No. 2021/2075, November 4, 2025; in particular §§40–49, 57–68 and judgment. Official decision record.

S9 — AYM, Hekmat Al Zaim, Application No. 2021/29101, March 4, 2026; in particular §§17–26 and judgment. Official decision record.

S10 — AYM, Osman Kahya, Application No. 2024/54133, January 14, 2026; in particular §§5–14 and judgment. Official decision record.

S11 — ECtHR, Abdolkhani and Karimnia v. Türkiye, No. 30471/08, September 22, 2009; in particular §§72–89, 107–117 and 125–142. Full text on HUDOC.

S12 — ECtHR, Practice Direction on Requests for Interim Measures, revised March 28, 2024; Rule 39 of the Rules of Court. Official guidance.

S13 — AYM, Individual Applications Begin to Be Received Through the UYAP Lawyers' Portal; implementation from October 1, 2025. Official announcement.

S14 — AYM General Assembly, Y.T., Application No. 2016/22418, May 30, 2019, pilot decision. Official decision record.

S15 — Presidency of Migration Management, Statement on Entry Bans Applicable to Foreign Nationals Who Have Violated the Right of Lawful Stay. To be read together with the statutory framework. Official statement.

S16 — Rules of Procedure of the Constitutional Court; in particular Article 73 as amended on August 5, 2025. Current official text.