Challenging a Deportation Decision: The Seven-Day Period and How to Apply

The period for challenging a deportation decision against a foreigner is very short, and missing it can lead to loss of rights. This article gives general information under the Law on Foreigners and International Protection No. 6458 (LFIP) and does not replace an assessment of your specific case.

1. Who decides and how is it served?

A deportation decision is taken by governorates, either on the instruction of the Directorate General of Migration Management or ex officio (LFIP Art. 53/1). The decision is served with its reasons on the foreigner, the legal representative or the lawyer. If the foreigner has no lawyer, they or their legal representative must be informed of the outcome and of the objection procedures and time limits (Art. 53/2).

2. The seven-day period

The foreigner, the legal representative or the lawyer may apply to the administrative court within seven days of service. The applicant also notifies the authority that made the decision (Art. 53/3). Because the period is short, keep the date of service and documents and seek legal advice without delay.

3. How the case proceeds

• The file is deemed complete when the defence is submitted or the defence period expires.
• Whether a hearing is held is at the court's discretion.
• Applications are decided within fifteen days of the file being complete, or of completion of any interim decision or hearing.
• The court's decision on this matter is final.
• If service cannot be made to the address given by the plaintiff, the period in Art. 26(3) of the Administrative Procedure Law applies as two months.

4. Can the person be deported during the case?

Subject to the foreigner's consent, the foreigner is not deported until the proceedings end if the case is filed within the time limit or judicial review is sought (Art. 53/3). Because this protection depends on a timely application, complying with the period is essential.

5. A short note on residence and work permits

The law lists the types of residence permit as short-term, family, student, long-term, humanitarian and victim-of-human-trafficking permits (Art. 30). A valid work permit is also deemed a residence permit (Art. 27/1). Which situation applies to you can only be determined by reviewing your file.

6. What to do in Yalova

If a decision has been served or you face a residence permit problem, seek legal advice without delay with your documents. You can create an appointment or reach us via the contact page.

This article is for general information only and is not legal advice.