How to Appeal a Turkey Deportation Decision: Step-by-Step Guide

A deportation order from Turkey can shatter your world. The clock starts ticking immediately, and you have just 7 days to submit your appeal.

Thousands of foreigners receive deportation orders in Turkey each year. Many are unaware of their right to challenge these decisions. Your chances of staying in Turkey increase significantly with a properly prepared deportation appeal.

The stress and confusion during this time can feel paralyzing. This complete guide will help you through the Turkish deportation appeal process. We explain everything from understanding your deportation order to submitting your appeal and finding legal help.

Your deportation order deserves a strong challenge. Let’s explore the exact steps you need to take.

Understanding Your Deportation Order

Turkish law defines deportation orders through Law No. 6458 on Foreigners and International Protection. This law outlines our specific rights and obligations.

Types of deportation decisions in Turkey

Turkish authorities issue deportation orders based on several factors. These are the most common types:

• Visa/permit violations: Overstaying your visa by more than 10 days or having your residence permit canceled

• Security concerns: Being deemed a threat to public order, security, or health

• Legal violations: Working without a permit or providing false documentation

• Criminal convictions: Being sentenced to imprisonment for two years or more

• International protection rejections: Having your asylum or protection status denied

Reading and interpreting your deportation notice

Turkish law mandates specific information in deportation orders. You, your legal representative, or lawyer must receive this notice in a language you understand. The notice contains:

1. The concrete reasons for your deportation

2. Your right to appeal the decision

3. The deadline to file an appeal

4. The consequences of the deportation order

Identifying the legal grounds for appeal

The right to appeal stands as a vital protection against deportation. You have 7 days from receiving the notification to file your appeal. Missing this deadline eliminates your chance to challenge the decision.

Strong grounds for appeal include:

• Procedural errors in the deportation order

• Risk of persecution in your home country

• Serious health conditions that prevent travel

• Family ties in Turkey

• Ongoing asylum or protection claims

Filing an appeal typically halts the deportation process until the court reaches its final decision. The administrative court must deliver its final verdict within 15 days.

Note that some groups remain protected from deportation despite meeting deportation conditions. This protection extends to people who face death penalties, torture, or inhuman treatment in their home country, and those with serious health conditions.

Preparing Your Appeal Documentation

Let’s focus on preparing the vital documentation needed for our appeal now that we understand our deportation order. The right documentation will strengthen our case by a lot.

Required forms and paperwork

The right documents are the foundations of our appeal. We need to prepare:

• Original deportation order and notification documents

• Personal identification documents (passport, residence permits)

• Previous correspondence with Turkish immigration authorities

• Evidence of our legal status in Turkey

• Any prior immigration-related paperwork

Gathering supporting evidence

Documents that show our connections to Turkey make our appeal stronger. We should collect:

• Employment contracts or business ownership records

• Property deeds or lease agreements

• Marriage certificates (if applicable)

• Birth certificates of children (if applicable)

• Medical records (if relevant to our case)

• Evidence of community involvement

Note that each deportation case is unique. Our petition needs careful preparation to address our specific situation. Generic templates could harm our case, so we should avoid them.

Translating and notarizing documents

Turkish authorities require proper translation and authentication for all non-Turkish documents. Here’s our process:

1. Get official copies of all documents from relevant authorities

2. Get documents translated by either:

   • Professional translation services

   • Government-approved translators

3. Have documents notarized by a Turkish notary (noter)

The notary will need our original documents and passport or national ID card. They will review, stamp, and sign our documents to verify their authenticity.

Keep in mind that all address information must be accurate and complete. The provincial directorate requires updated documentation within 20 working days if our address changes during the process.

Our 7-day appeal deadline makes time management essential. Lawyers report that cases needing translation work don’t deal very well with this short timeframe. We should start with our most important documents first.

Filing the Appeal Within 7 Days

Time is running out to file our deportation appeal in Turkey. Let’s get straight to the vital steps we need to take in our 7-day window.

Step-by-step filing process

1. File our appeal right after getting the deportation notice

2. Submit our appeal petition to the administrative court

3. Notify the authority that issued our deportation decision

4. Keep proof of our submission

5. Wait for court processing (maximum 15 days for decision)

The deportation process stops automatically once we file our appeal. This means they can’t deport us until the court makes its final decision, unless we specifically ask for it.

Where to submit your appeal

The administrative court in the province where the governorate issued our deportation decision must receive our appeal. We can submit it in two ways:

• Electronic submission through Turkey’s online legal system

• In-person filing at the administrative court

Keep in mind that we must tell the authority that made our deportation decision about our appeal, regardless of which method we choose.

Common filing mistakes to avoid

These mistakes can seriously affect our appeal’s success:

• Missing the 7-day deadline – No exceptions here. We lose our right to appeal after this period

• Not notifying the issuing authority – We must let them know about our appeal filing

• Incomplete documentation – All required papers should be ready before filing

• Wrong court submission – Filing in the wrong administrative court will slow down our case

The administrative court’s decision is final, and we can’t appeal against it. This makes it vital to prepare our case fully from the beginning.

The court needs to decide on our appeal within 15 days, though some cases take longer. We’ll either stay in the deportation center or continue living in our registered province during this time.

Working with Legal Representatives

Legal representation can strengthen our deportation appeal case in Turkey by a lot. Private counsel or free legal aid are both viable options, and knowing what’s available is significant.

Finding a qualified immigration lawyer

While looking for private legal representation, we should find lawyers who have handled deportation cases before. Bar associations in Turkey’s 81 provinces can link us with qualified immigration lawyers. Law firms often have English-speaking attorneys who focus on deportation appeals and can guide us through Turkey’s complex immigration system.

Accessing free legal aid services

Bar Associations (Baro) provide free legal aid if private legal representation isn’t affordable. Here’s how to access these services:

• Submit a request to the Legal Aid Bureau in our province

• Demonstrate financial inability to hire a private lawyer

• Provide documentation of our deportation case

• Wait for eligibility assessment by authorities

The Legal Aid scheme covers immigration cases of all types, from deportation appeals to administrative detention and rejection of international protection applications. These services come at no cost.

Power of attorney requirements

The power of attorney process must be completed before a lawyer can represent us. Here’s what we need to know:

1. The power of attorney must be notarized

2. Current cost is approximately 700 TRY (as of July 2023)

3. All information shared with our attorney remains confidential

It’s worth mentioning that staying in a removal center doesn’t stop us from getting legal aid. We should avoid signing any documents without legal support. Private lawyers and legal aid attorneys have identical duties and responsibilities for our case.

Our communications with legal representatives stay protected by confidentiality rules. Legal aid lawyers can only charge the notary fee for power of attorney – no other payments. Any requests for extra payments should be reported right away.

A legal representative will guide us through the appeal process, help prepare documents, and speak for us with immigration authorities. They’ll make sure we meet the vital 7-day appeal deadline while building the strongest case possible for our situation.

Navigating the Administrative Court Process

Our appeal submission starts a journey through the administrative court that plays a vital role in our case’s success. Let’s get into the specific court procedures we need to know.

What to expect at court hearings

The administrative court reviews deportation appeals through a formal process. Here’s what happens:

1. Document Review: The court looks at our appeal petition and supporting evidence

2. Legal Assessment: Judges assess the legal grounds of our deportation order

3. Case Evaluation: The court thinks over our specific circumstances and risks

4. Decision Making: A ruling determines if the deportation order was lawful

The court’s process has some nuances. A criminal investigation alone doesn’t always justify deportation. Some courts have actually ruled that ongoing criminal proceedings should stop deportation until they end.

Timeline for court decisions

The administrative court follows strict timelines you should know about:

• Our appeal needs a final decision within 15 days

• Filing an appeal automatically puts the deportation on hold

• The court makes a final decision that higher courts can’t review

It’s worth mentioning that real processing times might differ from legal deadlines. You can see this in 2023 cases where courts took time to get a full picture of potential risks before deciding.

Options if appeal is rejected

A rejected administrative court appeal doesn’t mean the end. You have other paths forward:

The Constitutional Court accepts individual appeals. This right belongs to everyone facing deportation. Here’s what you need to know:

• The Constitutional Court looks for rights violations

• Recent cases show positive results, especially when authorities skipped proper investigations

• Istanbul courts in 2023 canceled deportation decisions because authorities failed to:

  • Complete proper risk assessments

  • Look at humanitarian grounds

  • Break down potential dangers in the home country

To cite an instance, the Istanbul 15th Administrative Court canceled a deportation order for an Afghan asylum seeker. The core team found that no one had properly checked the life-threatening risks of returning to Afghanistan.

Courts have started paying more attention to details lately. The Gaziantep court’s decisions improved after a new judge started looking at factors like ongoing criminal cases.

Legal action might seem challenging since Turkish administrative court decisions stay private. But this shouldn’t stop us from using every legal tool available to protect our rights.

Conclusion

Quick action and careful preparation are essential to fight a deportation order in Turkey. Turkish law protects our fundamental rights. You have 7 days to appeal, access legal representation, and stay protected from deportation during the appeal process. These legal safeguards ensure fair treatment.

Your success in deportation appeals depends on detailed documentation and proper legal support. Professional guidance from private attorneys or free legal aid services will strengthen your case and help you handle complex immigration procedures. Strong evidence and well-prepared appeals have led to positive outcomes in recent court decisions.

Deportation appeals might look overwhelming at first glance. A clear understanding of your rights and correct procedures gives you the best chance to succeed. Act fast to gather detailed documentation and get legal help if needed. Many individuals have won their challenges against deportation orders. The right strategy and preparation can protect your right to stay in Turkey.