Deportation and Administrative Detention

Deportation is the administrative act by which a foreign national is removed from Türkiye. Because it can sever a foreign national's family, work and property ties in Türkiye at once, Law No. 6458 on Foreigners and International Protection (YUKK) subjects it to detailed rules both on grounds and on procedure.

Short time limits are decisive in this area. The time limit for filing an action against a deportation order is only seven days from notification. The day the order is notified is the day the file must be examined and preparation of the action must begin.

Who issues a deportation order and on what grounds?

The order is issued by the governorship, either on the instruction of the Presidency of Migration Management or on its own initiative (YUKK Art. 53). YUKK Art. 54 lists the foreign nationals who are to be deported. The main categories include:

• Those who must be deported under Article 59 of the Turkish Criminal Code
• Leaders, members or supporters of a terrorist organisation or a profit-oriented criminal organisation
• Those who pose a threat to public order, public security or public health
• Those who used false information or forged documents in entry, visa or residence permit procedures
• Those who exceed the duration of their visa or visa exemption by more than ten days, or whose visa is cancelled
• Those who exceed the duration of their residence permit by more than ten days without an acceptable excuse, or whose residence permit is cancelled
• Those found to be working without a work permit
• Those who breach or attempt to breach the rules on lawful entry into or exit from Türkiye
• Those found to have come to Türkiye despite an entry ban
• Those who do not leave Türkiye within the period set by the Law after their residence permit renewal is refused

Although the list looks broad, each ground has its own conditions. For example, it is not enough to leave the ground "threat to public order" as an abstract statement; the administrative court looks in the file for the concrete information and documents on which that assessment is based.

Persons who cannot be deported

YUKK Art. 55 provides that certain foreign nationals may not be deported even where a ground for deportation exists. These include persons for whom there are serious indications that they would be subjected to the death penalty, torture or inhuman or degrading punishment or treatment in the country to which they would be sent; those for whom travel is risky because of serious health problems, age or pregnancy; those receiving treatment for a life-threatening illness for which treatment is not available in the country of return; victims of human trafficking benefiting from victim support; and victims of serious psychological, physical or sexual violence until their treatment is complete.

This provision is an extension of the Law's general principle of non-refoulement (YUKK Art. 4). No deportation order is issued for these persons, although administrative obligations such as residing at a specific address or reporting may be imposed. In practice, the most frequent dispute is whether the risks in the country of return can be shown concretely.

Challenging the order: the seven-day rule

The deportation order is notified, together with its reasons, to the foreign national, their legal representative or their attorney. An action may be filed within seven days of notification before the administrative court for the place where the governorship that issued the order is located, and the authority that issued the order is notified that an action has been filed. Following the amendment made by Law No. 7533 in 2024, the court decides the case within fifteen days of the file being complete, and its decision is final (YUKK Art. 53). The Constitutional Court did not find this finality rule unconstitutional.

As a rule, the foreign national is not deported during the time limit for filing an action and, if an action is filed, until the proceedings are concluded; this does not prevent the foreign national from returning to their country voluntarily. However, for those linked to a terrorist organisation or profit-oriented criminal organisation, those who pose a threat to public order, public security or public health, and those reported by international organisations as linked to terrorist organisations, filing an action does not automatically suspend deportation. For these persons, requesting a stay of execution from the court becomes particularly important.

Because the administrative court's decision is final, an individual application to the Constitutional Court may be considered for alleged rights violations. As individual applications have their own admissibility conditions and time limits, this possibility should also be kept in mind at the litigation stage.

Invitation to leave Türkiye

Together with the deportation order, instead of deporting the foreign national directly, the governorship may invite them to leave Türkiye voluntarily within a period of not less than fifteen and not more than thirty days (YUKK Art. 56). This period is not given to those at risk of absconding or disappearing, those who breached lawful entry or exit rules, those who used forged documents and those who pose a threat to public order. A foreign national who leaves within the period is given a free exit permit, and an entry ban may not be imposed on them. Complying with the period should be seen as an opportunity that may make returning to Türkiye easier in the future.

Administrative detention

The governorship may order administrative detention of foreign nationals subject to a deportation order who are at risk of absconding or disappearing, who breached the rules on entry into or exit from Türkiye, who used forged documents, who did not leave within the period given to them without an acceptable excuse, or who pose a threat to public order. Foreign nationals under administrative detention are held in removal centres (YUKK Arts. 57 and 58).

Administrative detention may not exceed six months; if deportation cannot be completed because the foreign national does not cooperate or information and documents about their country cannot be obtained, it may be extended by up to six more months. The governorship reviews every month whether continued detention is necessary; if it is no longer necessary, detention is ended immediately.

The detained foreign national, their legal representative or their attorney may apply to the criminal judgeship of peace against the decision. The application does not suspend detention. The judge decides within five days and the decision is final; a new application may be made on the ground that the conditions for detention no longer exist or have changed. Foreign nationals in removal centres may meet their attorneys, a notary, their relatives and representatives of the United Nations High Commissioner for Refugees (YUKK Art. 59).

Alternatives to administrative detention

YUKK Art. 57/A allows lighter measures to be applied instead of administrative detention: residing at a specific address, reporting, family-based return, return counselling, voluntary community service, a financial guarantee and electronic monitoring. These obligations may be applied alone or together, and their total duration may not exceed twenty-four months. An application to the criminal judgeship of peace may be made against an electronic monitoring decision; for the other obligations, an action before the administrative court under the general rules may be considered. For foreign nationals with strong family ties, a fixed address and income, it is useful to give reasons for an alternative measure in the first application.

Entry bans and removal of records

An entry ban is imposed on deported foreign nationals. Under YUKK Art. 9, an entry ban may not, as a rule, exceed five years; where there is a serious threat to public order or public security, the Presidency of Migration Management may extend it by up to ten more years. The Presidency may lift the entry ban or, while the ban continues, allow the foreign national to enter Türkiye for a specified period.

Entry bans and similar records are kept in administrative systems as codes. Once the underlying act has been identified, an administrative application may be made to the Presidency of Migration Management to have the record removed; if the application is refused or left unanswered, an annulment action may be filed under Administrative Procedure Law No. 2577. The general time limit for such actions is sixty days from notification (İYUK Art. 7).

Our work in this area

We file annulment actions against deportation orders within the seven-day time limit and prepare requests for a stay of execution. We handle applications to the criminal judgeship of peace against administrative detention and give reasons for requests for alternative obligations. We follow up administrative applications and court actions for the removal of entry bans. For regularising residence status, see the Residence Permits page; for the general framework, Immigration and Foreigners Law; and for litigation, Dispute Resolution. Where a time limit is running, you can reach our firm using the details on our contact page.

Main topics

• Annulment action against a deportation order (YUKK Art. 53)
• Grounds for deportation (YUKK Art. 54)
• Foreign nationals who cannot be deported (YUKK Art. 55)
• Invitation to leave Türkiye (YUKK Art. 56)
• Administrative detention and applications to the criminal judgeship of peace (YUKK Art. 57)
• Alternatives to administrative detention (YUKK Art. 57/A)
• Entry bans and applications for their removal (YUKK Art. 9)

Frequently asked questions

Legislation and sources

• Law No. 6458 on Foreigners and International Protection (in Turkish)
• Administrative Procedure Law No. 2577 (in Turkish)
• Turkish Criminal Code No. 5237 (in Turkish)
• Presidency of Migration Management
• Constitutional Court – Individual application

The information on this page is general and does not constitute legal advice. As legislation may change, the current rules must be assessed separately for your particular situation.