KÜHEYLAN HUKUK
Seven-Day Objection to the Deportation Decision and the Criminal Court of Peace's Way Against the Administrative Detention Decision. Law No. 6458 on Foreigners and International Protection Art. 4, Art. 52-60 has been prepared based on the legislation in force as of 2026 and official sources dated October 2026.
An application must be made to the administrative court within seven days against the deportation decision. The court decides within fifteen days from the completion of the file and its decision is final. It is not possible to deport the foreigner without his/her consent during the application period and while the trial is ongoing. An objection to an administrative detention decision is made to the criminal judgeship of peace, not to the administrative court; The judge decides within five days. Confusing the duration, authority and results of these two methods is the most common mistake in practice.
What is a Deportation Decision and Who Makes It?
Deportation is an administrative procedure that allows the foreigner to be sent to his country of origin, transit destination or a third country (6458 Article 52). The decision is taken by the governorships upon the instructions of the General Directorate of Migration Management or ex officio (Art. 53/1). The decision is notified to the foreigner, his legal representative or lawyer, together with the reasons; If the foreigner is not represented by a lawyer, he/she must be informed about the outcome of the decision and the objection procedures and deadlines (Art. 53/2).
Deportation is an administrative measure, not a "punishment". Therefore, the administrative court has jurisdiction instead of the criminal court.
Under what circumstances is a deportation decision taken?
Foreigners to whom the security measures specified in Article 59 of the Turkish Penal Code must be applied,
Those who are managers, members or supporters of a terrorist organization and those who have a relationship with a criminal organization for profit,
Those who use unreal information or fake documents in entry, visa and residence permit procedures,
Those who have exceeded their visa or visa exemption period for more than 10 days or whose visa has been cancelled,
Those who stay more than 10 days after the residence permit expires without an acceptable reason,
whose application for international protection has been rejected, excluded, found inadmissible, withdrawn or whose status has expired, and
Those whose residence permit extension application was rejected and who did not exit within 10 days,
Those who are considered to be associated with terrorist organizations defined by international organizations.
The list is extensive; However, just because a foreigner falls into one of these reasons does not necessarily mean that the decision is lawful. In the concrete case, the existence of the reason, proportionality and Article 55 obstacles are also checked.
Which Foreigners Cannot Be Deported?
Even if they are within the scope of Article 54, a deportation decision cannot be taken for the following people (Art. 55/1):
Those who have serious indications that they will be subjected to the death penalty, torture, inhuman or degrading treatment in the country to which they will be sent,
Those who do not have treatment opportunities in the country they will be sent to while their life-threatening illness is being treated,
Victims of psychological, physical or sexual violence until their treatment is completed.
In addition, Article 4 regulates the prohibition of refoulement: a foreigner cannot be sent to a country where he will be subjected to torture or inhumane treatment. These obstacles must be put forward with concrete documents in the petition.
How to Object to a Deportation Decision?
The foreigner or his legal representative or lawyer may apply to the administrative court within seven days from the notification of the decision. The person who applies to the court also notifies the authority that made the decision about his application (Art. 53/3). This regulation was amended by Law No. 7533 dated 21 November 2024 and applies to cases filed after 30 November 2024 (Provisional Article 3). The competent court is the administrative court where the authority performing the action is located, in accordance with Article 32 of the IYUK; In places where there is more than one administrative court, it is essential that the decision is made by the HSK (Article 101).
How does the trial proceed?
The file is completed when the defense is submitted or the deadline for submission of defense expires. The application is concluded within fifteen days from the date of completion (if an interim decision or hearing is required, from the completion of these). Holding a hearing is at the discretion of the court. If notification cannot be made to the address indicated by the plaintiff, the period in İYUK article 26/3 is applied as two months. The court's decision is final; that is, there is no appeal or appeal.
Can a foreigner be deported while the case is ongoing?
No. Provided that the consent of the foreigner is reserved, the foreigner shall not be deported within the period of filing a lawsuit or until the conclusion of the trial if legal action is taken (Article 53/3). If a foreigner wishes to exit "voluntarily", this right is reserved. Signatures or statements made without submitting a petition should therefore be evaluated carefully.
What can the foreigner who is still under surveillance do?
The alien in custody has the right to meet with and have access to his lawyer; In repatriation centres, foreigners are provided with the opportunity to access their relatives, notary, legal representative and lawyer (Article 59/1-b). For those who cannot afford the lawyer's fee, legal services are provided in accordance with Law No. 1136 (Art. 57/7).
Is There a Time Allowed to Leave Türkiye?
Those who are subject to a deportation decision are given a period of time to leave Türkiye, which is not less than fifteen days but up to thirty days, provided that it is stated in the decision (Article 56/1). This period is not granted to those who are at risk of escaping or getting lost, those who violate legal entry or exit rules, those who use forged documents, those who try to obtain a residence permit with false documents, and those who pose a threat to public order. People who are given a period of time are given an exit permit.
An entry ban decision may not be taken for a foreigner who leaves Türkiye within the period (Art. 9/5). For foreigners, this is a decisive detail in terms of being able to return to Türkiye in the future.
What is an Administrative Detention Decision?
Among the foreigners who are subject to a deportation decision, those who are at risk of escaping or getting lost, those who violate entry or exit rules, those who use forged or unfounded documents, those who do not leave within the exit period without an acceptable excuse, and those who pose a threat to public order, the governorship decides on administrative detention or imposes alternative obligations to administrative detention (Article 57/2). A foreigner caught by law enforcement is immediately reported to the governor's office to make a decision about him; The evaluation and decision period cannot exceed forty-eight hours (Art. 57/1).
How long does administrative detention last?
The administrative detention period in repatriation centers cannot exceed six months. If the deportation procedures cannot be completed due to the foreigner not cooperating or not providing correct information or documents about his country, the period may be extended for a maximum of six months (Article 57/3). The governorship evaluates regularly every month whether there is a necessity for the continuation of surveillance, and surveillance is terminated immediately for the foreigner who is no longer necessary (Art. 57/4).
How to object to administrative detention?
The person under administrative detention, his legal representative or his lawyer may appeal to the criminal judge of peace against the administrative detention decision. Application does not stop surveillance. If the petition is submitted to the administration, it is immediately delivered to the authorized criminal judge of peace. The judge concludes the review within five days and his decision is final. It is also possible to re-apply with the claim that the supervision conditions have disappeared or changed (Art. 57/6). In this way, you go to the criminal judgeship of peace, not to the administrative court.
What are the alternative obligations to administrative detention?
The law allows one or more of the following obligations to be substituted for surveillance (Art. 57/A): residence at a specified address, reporting, family-based return, return counseling, voluntary service in the public interest, security and electronic monitoring. The total duration of the obligations cannot exceed twenty-four months. An application can also be made to the criminal judge of peace against electronic monitoring; The judge decides within five days and the decision is final.
Objection to deportation decision 7 days from notification, administrative court (art.53/3)
Objection to surveillance Criminal judge of peace, decision within 5 days, final (Art.57/6)
Surveillance period Maximum 6 months, can be extended for another 6 months if necessary (Article 57/3)
Incident Summary Form: Fictional example: When a foreigner who has overstayed his visa by 14 days tries to exit the airport, he is stopped by the law enforcement and a deportation decision is taken against him within the scope of Article 54. When the decision is notified, the foreigner does not know the seven-day objection period. Process: After the relatives learn about the situation, they appoint a lawyer. The lawyer determines the notification date and applies to the administrative court before seven days are up; The foreigner's family ties in the country, moderation and will to leave are detailed in the petition. Result: Due to the filing of a lawsuit, deportation is not carried out while the trial is ongoing. The court decides the file in a short time. If the deadline was missed, the same file would be directly implemented.
Is the foreigner who is given a deportation decision immediately removed from the country?
No. If the foreigner or his lawyer applies to the administrative court within seven days from the notification, deportation will not be carried out until the trial is concluded, unless the foreigner consents (Art. 53/3).
If the deportation decision is cancelled, will the entry ban also be lifted?
Since the entry of the deported foreigner is prohibited in accordance with Article 9/2, the entry ban is imposed depending on the deportation process. However, an entry ban is a separate administrative action; Cancellation of the deportation decision does not mean that the entry ban is automatically lifted, and the ban should also be the subject of a lawsuit. The subject is examined in a separate guide.
Can a lawsuit be filed with the administrative court against the administrative detention decision?
The law provides for an application to the criminal judge of peace as a special legal remedy against the administrative detention decision (Article 57/6). Directing the petition to the administrative court instead of this route may cause the applicant to lose time.
Who is prevented from taking a deportation decision?
Pursuant to Article 55, deportation decisions cannot be taken for those who are at risk of death penalty or torture, those with health conditions that pose a risk to travel, seriously ill patients undergoing treatment, victims of human trafficking and victims of violence.
Is there an entry ban on foreigners who leave Türkiye voluntarily?
An entry ban decision may not be taken for those who leave within the invitation to leave period (Art. 9/5). The decision is at the discretion of the competent authority and may change depending on other negative information in the file.
The seven-day trial period starts not from the date of notification, but from another date when the decision is learned. Applying to the administrative court against the administrative detention decision and missing the path to the criminal judgeship of peace. Signing documents that he does not understand without consulting a lawyer during supervision. Allegations of health, violence or prohibition of refoulement within the scope of Article 55 are presented without documentation and in general terms. The entry ban should not be made the subject of a separate lawsuit after the decision is annulled.
Deportation and administrative detention processes last for days. Choosing the right authority, recording the date of notification, and documenting Article 55 obstacles often determine the outcome. Küheylan Law Firm handles administrative court applications against deportation decisions, appeals to the criminal judgeship of peace against administrative detention, and subsequently processes related to the entry ban and protection of the right to residence.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK