Remedies against decisions on deportation of foreigners in Turkey

As accepted in international law, states can deport foreigners based on their jurisdiction. The authority of the state in the deportation process is not unlimited, it is used in accordance with the regulations in the domestic law of each state and the limitations imposed by international conventions. The subject of deportation in Turkish Law was regulated in detail and comprehensively in the Law on Foreigners and International Protection No. 6458 (LFIP), as the previous legislation was insufficient in the face of current problems and developments. Although the law in question is fundamental, in some cases, the rules in special laws and international agreements are taken into account in deportation. In line with the developments in the field of human rights, certain safeguards such as The Principle of Non-Refoulement and the prohibition of collective deportation have been provided against deportation, which has serious consequences for the personal security and freedom of travel of foreigners. It is important to have remedies for the foreigner to defend himself against deportation. Showing the application way is not sufficient on its own, but must also be effective and accessible. In this context, the necessary procedural safeguards should be granted to the foreigner to be deported. This study, which is expected to be useful to foreigners who are the subject of the deportation and to the administrations that will implement or supervise this process, has been prepared in three parts. In the first part, general information about deportation in Turkey, in the second part, the legal basis of deportation and basic protective principles are explained. In the third chapter, the administrative and judicial remedies necessary for the foreigner to defend himself against the deportation process are discussed. Within the scope of the judicial application, which has effective and binding results, first the application to the administrative courts, which is the ordinary judicial remedy in the LFIP, and then the individual application to the Constitutional Court and the European Court of Human Rights, which is the extraordinary judicial remedy, are examined in detail. In addition, the decisions of these judicial authorities and their results are mentioned.