Compliance of decisions given by turkish administrative courts regarding expulsion procedures with the rulings of the ecthr

Irregular migration, which means entering or staying in a country illegally, has resulted in foreigners being subject to several sanctions. One of these sanctions is deportation. The fact that this procedure affects the fundamental human rights of foreigners, such as the right to life, prohibition of torture, and the right to respect for private and family life, has resulted in this matter being tackled under international regulations. Moreover, the states that receive migration also felt the need to regulate the same under their national legislation. The ECHR is the most effective regulation that protects foreigners against deportation internationally. The only provision in the convention directly tackling deportation is Article 4 of Convention No. 4, which protects foreigners against collective expulsions. On the other hand, various articles of the convention indirectly protect foreigners against the risk of being deported. Also, the presence of an adequate legal remedy against administrative actions and proceedings that infringe the mentioned rights, that is, the European Court of Human Rights, foregrounds ECHR as the most effective regulation protecting foreigners against deportation. Turkey, a transit or the target country for migrating foreigners, was exposed to a massive wave of migration, especially after the Syrian civil war; thus, a need to legislate a broad regulation emerged. Accordingly, The Code on Foreigners and International Protection No. 6458 was adopted on 04/04/2013. It is stated in Article 53 of the Code that it is possible to apply to administrative courts against deportation decisions within seven days following the receipt of the decision. The fact that the Code is new and that the administrative courts were suddenly put under a heavy burden in a field they could not specialize in yet, led to unlawful decisions in many disputes. This study, which was carried out to draw attention to the aforementioned problem, aims to evaluate the procedure of deportation within the context of the ECHR and Turkish law and analyze the conformity of Turkish administrative court decisions with the European Court of Human Rights rulings. In the first part of the study, after the concept of deportation is examined, related concepts such as non-refoulement, prohibition of collective expulsion, extradition, rejection, and invitation to leave will be briefly discussed, and it will be dwelled on how the procedure of deportation is dealt with in some international regulations. In the second part, the procedure of deportation will be evaluated within the context of ECHR through specific rulings of the European Court of Human Rights. In this part, the criteria of the Court in applications made within the context of the right to life, prohibition of torture, and the right to respect for private and family life will be put under the lens. In the third and final part of the study, first, how deportation is handled in Code No. 6458 of Turkish law will be examined; then, Turkish administrative court decisions on deportation will be addressed within the frame of European Court of Human Rights rulings.