Deport Penalty Calculation

Deport Ceza Hesaplama
Deport Ceza Hesaplama

Dear visitor, welcome to our Deport Penalty Calculation page. First of all, please be careful! The calculation tool here is for informational purposes only. It gives an average result by using the entry ban periods and fine amounts specified in the laws. However, the actual amount of entry ban and fines will be made by the officials at the border gates at the time of exit from Turkey.

What is Deportation / Deport?

The deportation process in the Republic of Turkey is regulated between Articles 52 and 60 in the Fourth (4th) Section of the Foreigners and International Protection Law No. 6458 (YUKK), the Second (2nd) Part titled Foreigners.

Deportation Order

The deportation decision is applied to foreign nationals who violate the reasons set forth in Article 54 of the Law on Foreigners and International Protection. In accordance with the clear expression of the law, this decision can only be taken by the governorates. The evaluation and decision phase of the deportation decision takes a maximum of 48 hours.

Persons to be Deported

In the event that one or more of the situations in Article 54 of the Law on Foreigners and International Protection occur, the governorship must take a deportation decision, without prejudice to the provisions of article 55 of the Law on Foreigners and International Protection. The persons listed below are persons included in the first (1) paragraph of Article 54 of the Law on Foreigners and International Protection, and a deportation decision is taken for them.

Part 1

a) Persons who are considered to be deported within the scope of Article 59 of Law No. 5237 (m.54/1-a), b) Those who are directors, members or supporters of a terrorist organization or a profit-oriented criminal organization (art.54) /1-b), c) Those who use false information or fake documents in the necessary procedures for entry to the Republic of Turkey, visa or residence permits (art. 54/1-c), ç) While in the Republic of Turkey Those who make a living through illegitimate means (m.54/1-d), d) Persons who pose a threat to public order or public safety or public health (art.54/1-d), e) Visa or visa exemption period Those who exceed ten (10) days or whose visa has been canceled (m.54/1-e), f) Persons whose residence permit has been revoked (m.54/1-f), g) who have a residence permit, but whose validity period Persons who violate the residence permit period for more than ten (10) days starting from the expiry of the permit without an acceptable reason (art. 54/1-g), ğ) Work without a legal work permit. Persons found to be in conflict (m.54/1-ğ), h) Persons who violate the provisions of legal entry or exit from Turkey (m.54/1-h), i) About entry into the Republic of Turkey Persons who are found to have come to the country despite the ban (art. 54/1-ı), k) Persons whose international protection application is rejected. Persons excluded from international protection. Those whose application for international protection is considered inadmissible. Persons withdrawing their application for international protection. Persons whose application for international protection is deemed to have been withdrawn. Persons whose international protection status has expired or been cancelled, who do not have the right to stay in the Republic of Turkey according to the other provisions of Law no. 6458 after the final decision (art. 54/1-i), j) Persons whose residence permit extension applications are rejected, ten Persons who do not leave Turkey within (10) days (m.54/1-j). k) (Annex: With the Decree Law dated 3/10/2016, article 676/36; Adopted as: 1/2/2018 – 7070/31 art.) Persons who are considered to be related to terrorist organizations defined by international organizations and institutions.

Part 2

(Amendment: With the Decree Law dated 3/10/2016, article 676/36; Adopted in kind: 1/2/2018 – art. 7070/31) Clause 1 (first) of this article (b), (d) and (k) A deportation decision may be taken at any stage of the international protection process for the international protection applicant or the person or persons who are considered to be within the scope of subparagraphs )

Persons for whom a Deportation Decision will not be taken

A deportation decision cannot be taken for the following foreign nationals, even if they are within the scope of Article 54: .55/1-a), b) Persons who are considered to be at risk to travel due to serious health problems, age and pregnancy (m.55/1-b), c) Deportation while treatment for life-threatening diseases continues ( Persons who do not have the opportunity to receive treatment in this regard in the country where they will be deported (m.55/1-c), d) The parts of the victims of human trafficking that benefit from the victim support process (m.55/1-d), e) Until their treatment is completed, sexual, persons who are victims of psychological or physical violence (m.55/1-d). The assessment as to whether they are within the scope of Article 55 is made separately for each foreigner. In order for these foreign nationals to stay in Turkey, a humanitarian residence permit may be granted to them in accordance with Article 46 of the Law on Foreigners and International Protection, and they may be asked to reside at a specific address and to make a notification within the required form and time. In the event that the aforementioned situations come to an end, a decision to deport (deport) these foreigners will be taken.

Deport Ceza Hesaplama
Deport Ceza Hesaplama

Judicial Action Against Deportation Order

One of the curious issues regarding deport penalty calculation is the judicial remedy against the deport decision. The decision to deport (deport) is notified to the foreign national or legal representative or lawyer of the person for whom the deportation decision has been taken, together with the reasons. If the foreigner for whom a deportation decision has been taken is not represented by a lawyer, he or his legal representative is informed about the possible outcome of the decision, objection procedures and objection periods.

Application to the administrative court and its features:

• The foreign national or legal representative or lawyer of the person may apply to the administrative court against the deportation decision within 15 (fifteen) days from the notification of the said decision. • The person applying to the court also notifies the relevant application to the authority that made the deportation decision. • Applications made to the court are finalized within 7 (seven) days. • The decision of the court is final. • Without prejudice to the consent of the foreign national, within the period of filing a lawsuit or in case of resorting to a judicial remedy, excluding those within the scope of subparagraphs (b), (d) and (k) of the first (1) paragraph of Article 54 and the second (2.) paragraph. Foreign nationals are not deported (deported) until the trial is concluded. • Since the right to make an individual application is granted to everyone by the Constitution, a foreign national for whom a deportation decision has been made can also apply to the Constitutional Court upon the decision of the administrative court.

Invitation to Leave Turkey

• Persons who have received a deportation decision (deportation) are given up to thirty (30) days, not less than fifteen (15) days, to leave the Republic of Turkey, provided that it is specified in their deportation decision. • An “Exit Permit”, which is not subject to any fees, is given to those who will be given time to leave Turkey. • A ban on entry to Turkey may not be taken for those who are invited to leave Turkey, and those who leave the country within the period of departure. • Foreign nationals who do not leave Turkey during the invitation to leave are placed under administrative detention. • Persons in the following group are not invited to leave Turkey, and the above-mentioned periods are not applied to them: a) Persons at risk of escaping or getting lost. b) Persons who violate legal entry or legal exit rules. c) Persons using fake documents. d) Persons who try to obtain a residence permit with false documents or who are found to have obtained it. e) Persons who pose a threat to public order or public safety or public health.

Administrative Oversight and Duration of Deportation

Administrative Oversight Decision:

Administrative detention decision is taken by the governorship for the following person or persons among the persons for whom deportation decision has been taken: • Persons who are at risk of escaping or disappearing. • Persons who violate the rules of entry or exit from the Republic of Turkey. • Persons using forged or unfounded documents / documents. • Those who do not leave the country within the time allowed to leave Turkey without an acceptable excuse. • Persons who pose a threat to public order, public safety or public health. Persons whose rights are subject to administrative detention decision are kept in Removal Centers (GGM). Administrative detention periods in Removal Centers cannot exceed six (6) months. However, this period may be extended for a maximum of six (6) months if the deportation procedures cannot be completed due to the foreign national’s non-cooperation or failure to provide accurate information or documents regarding his/her country. The issue of whether it is necessary for the continuation of administrative surveillance will be evaluated by the governorship on a monthly basis. If necessary, a period of thirty (30) days is not expected. Persons who are considered not to be necessary for the continuation of the administrative surveillance are immediately notified to the relevant Ministry. If the Ministry deems it appropriate, the administrative detention decision for the foreign national is lifted and an Exit Permit Document is issued to him. These foreigners may be asked to reside at a certain address or to make notifications in the forms and times requested by the competent authorities.

Judicial Recourse to Administrative Oversight Decision

The administrative detention decision is notified to the foreign national or the person’s legal representative or lawyers, along with the extension of the administrative detention period and the results of the regular monthly evaluations and the reason. However, if the detainee is not represented by a lawyer, he or his legal representative is informed about the outcome of the decision, the procedures for the objection and the duration of the objection.

Application to the Criminal Judgeship of Peace

• A person under administrative detention or his legal representative or a person’s lawyer can apply to the criminal judge of peace against the administrative detention decision. • The application to be made does not stop the administrative detention. • In case the application petition is submitted to the administration, the petition is immediately delivered to the authorized criminal judge of peace. • The peace judge concludes the necessary examination within five (5) days. • The decision of the peace judge is final. • The foreign national or legal representative or lawyer of the person under administrative detention may apply to the criminal judgeship of peace again, claiming that the necessary administrative detention conditions have disappeared or changed. • Required advocacy services are provided to those who resort to the judicial method against administrative surveillance and who cannot afford to pay their attorney’s fees, in case of their requests, in accordance with the provisions of the Attorneyship Law No. 1136, dated 19/3/1969.

Fulfilling the Deportation Order

Foreign nationals in the removal center (GGM) are taken to the border gates by law enforcement units. Foreign nationals who will be deported without the need to be sent to removal centers (GGM) are taken to the relevant border gates by law enforcement units under the coordination of the provincial organization affiliated to the General Directorate. The Directorate General can also cooperate with the necessary international organizations, authorities of the relevant countries or non-governmental organizations regarding deport (out of borders) transactions.

Travel Expenses of the Foreigner to be Deported

Passports or other documents of foreign nationals can be kept until the person is deported, and their tickets can be converted into cash to be used in deportation procedures. Travel expenses of foreign nationals to be deported (deported) are covered by themselves. If this is not possible, the missing part or all of the expenses can be paid from the budget of the General Directorate. During the period when the expenses are not reimbursed, the foreign national is also not allowed to enter Turkey. The restriction to be imposed in cases where the expenses to be incurred cannot be covered by the foreign national is a reason for limitation in terms of its nature. If no other ban has been imposed on the foreign national, the restriction will be lifted and the person will be allowed to enter the country, provided that he pays the expenses. Expenses incurred due to deportation are a public receivable pursuant to Article 1 (first) of Law No. 6183 and will be collected by the finance cashiers. Pursuant to Article 104 of the Law No. 6183, the debtor foreign national will not be able to run the statute of limitations for this receivable because he is in the country. For this reason, there is no obstacle to the entry of an indefinite restriction on the foreign national. Natural or legal persons are obliged to pay the costs of deportation of foreign persons whose stay or return is guaranteed. The following statement is included in the third paragraph of Article 21 of the Law No. 4817 on the obligations of the employer or employer’s representatives, who employ the foreign person without permission, regarding the deportation procedures of the foreign person. “An administrative fine of five thousand Turkish Liras (TL) for each foreign person is imposed on the employer or employer’s representatives who employ a foreign person who does not have a work permit. In this case, the employer or employer’s representative must also cover all accommodation expenses of the foreign person and, if any, the spouse and children of the person, the expenses necessary for their return to their home country and, if necessary, health expenses. This provision is authoritative and transactions will be established within the framework of this regulation.

Deport Penalty Calculation…

For your Turkey short-term residence, indefinite residence, work permit, Turkish citizenship and deport and deport penalty calculation transactions APPLICATION FORM: https://gocmenburo.com/en/immigration-office-service-form/ You can reach us via our website or all our other contact information and get support from our experts.

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