Removal decision and its consequences within The Scope of Law 6458 on Foreigners and International Protection

Migration has been an enduring phenomenon throughout history, serving as a means for individuals to overcome social or economic challenges by relocating to different regions. In contemporary times, while some citizens of states enjoy prosperity, a significant majority live in communities marked by financial and political issues. Migration remains a prominent topic today and is expected to continue in the near future, particularly as technologically interconnected societies highlight disparities. Nations, as the authoritative entities in political structures, have not remained indifferent to the phenomenon of migration. They have categorized migration into regular and irregular forms. Legal entry into a country in accordance with the sovereign state's laws constitutes regular migration, while entry in violation of the law defines irregular migration. Efforts to eliminate irregular migration have historically involved various measures, with the establishment of a deportation institution being one recent development. This study focuses on the concept of deportation and its consequences within the scope of Turkish law. Despite existing regulations on deportation in various laws, the increasing migration movements over the past 50 years prompted a relatively new law, the Law on Foreigners and International Protection No. 6458, enacted on April 4, 2013, to be examined in terms of deportation decisions, both at the local and international levels, alongside court decisions. The main axis of the study revolves around articles 52-60 of the Law on Foreigners and International Protection, which cover deportation decisions, foreigners who may be subject to deportation, impediments to deportation, invitations to leave the country, voluntary departure, the administrative supervision decision, a crucial consequence of deportation in our opinion, deportation centers, and avenues for appeals against deportation and administrative supervision decisions. The ultimate goal of this study is to address uncertainties that may arise in the implementation and interpretation of Law No. 6458, with its recent enactment date, by interpreting it in conjunction with international treaties and court decisions to establish a comprehensive framework.