Deportation (sınır dışı) decision
Challenging a deportation decision: 7 days, the administrative court, a final ruling.
If a deportation (deport / sınır dışı) decision has been notified (tebliğ), you have 7 days to file a case at the administrative court (idare mahkemesi). We explain in plain language the deadline, who can file the case and what happens while the case is ongoing.
The deadline: 7 days from notification
The foreigner, or their legal representative or lawyer, may apply to the administrative court against the deportation decision within seven days of the notification of the decision.
The period starts on the day after the decision was notified in writing to your relative (or to their lawyer or legal representative). If the decision was notified on a Monday, day 7 is the following Monday. If the deadline is missed, the case may be dismissed without being examined.
Do not rely on an extension
If the last day falls on a weekend or a public holiday, the deadline may be extended to the first working day; however, applying this to these cases is a matter of interpretation. The courthouse is closed that day, so file the case by the previous working day (a lawyer can also file on day 7 through UYAP, the electronic court system). Assume too that the deadline will not be extended during the judicial recess (adli tatil, 20 July – 31 August); during this period the case can be filed at the duty administrative court (nöbetçi idare mahkemesi).
Not sure on which day the decision was notified?
Send a photo of the decision, and let us check the deadline together.
What happens if a case is filed?
- Time to file the case
- 7 days
- Time for the court to decide
- 15 days once the file is complete
- Decision
- Final
During the period for filing the case, and until the proceedings end if a case is filed, the foreigner is not deported unless they agree to it.
The court treats the file as complete once the defence (savunma) has been received or the time allowed for it has passed, and decides within 15 days. The court decides whether a hearing will be held. There is no appeal (istinaf) or appeal on points of law (temyiz) against this decision.
After the court’s final decision, an individual application (bireysel başvuru) can be made to the Constitutional Court (Anayasa Mahkemesi) within 30 days, claiming that fundamental rights have been violated. The Constitutional Court is not subject to the judicial recess; this period runs during the recess too.
The case does not end detention by itself
A case against the deportation decision and administrative detention (idari gözetim) at the removal centre concern separate decisions. For your relative to leave the centre, a separate objection to the administrative detention may be needed.
Who can file the case?
- The foreigner the decision concerns
- Their legal representative
- Their lawyer (with a power of attorney, vekâletname)
By law, a person held at a removal centre can have access to their relatives, a notary and their lawyer (Law No. 6458, Art. 59). Power of attorney (vekâlet) can be given to a lawyer in this way.
On what grounds are decisions made?
The law sets out a closed list of situations in which a deportation decision can be made (Art. 54). Some of them are:
- Overstaying a visa or visa exemption by more than 10 days
- Having a residence permit cancelled, or staying more than 10 days after it expires
- Working without a work permit
- Breaching the rules on legal entry or exit, or attempting to do so
- Coming to Türkiye while an entry ban is in place
- Using false documents
- Being assessed as a threat to public order, public security or public health
In some situations, on the other hand, the law prohibits making a deportation decision (Art. 55). For example, no decision is made for people who face a serious risk of the death penalty, torture or inhuman treatment in the country they would be sent to; for whom travel is risky because of a serious health problem, age or pregnancy; or who are being treated for a life-threatening illness that could not be treated in that country. This assessment is made separately for each person.
Time given to leave the country
If the deportation decision states it, a period of 15 to 30 days is given to leave the country voluntarily, and an Exit Permit Document (Çıkış İzin Belgesi) is issued free of charge (Art. 56). This period is not given to people who pose a risk of absconding, who entered or left illegally, who used false documents, or who are considered a threat to public order. For those who leave within the period, an entry ban decision might not be made.
Do not mix up the two periods
The time to file a case is 7 days. The 15–30 days given to leave the country is a separate period and does not extend the time to file a case.
What should be prepared?
- The deportation decision itself, or a legible photo of it
- The date the decision was notified
- Passport or identity details, and foreigner identification number (yabancı kimlik numarası), if any
- Documents on family ties in Türkiye (spouse, children) and residence history
- Information and documents on the risks they may face if they return to their country (if any)
Call even if you do not have all the documents
We will complete what is missing together. The initial assessment is free.
Last reviewed:
Frequently asked questions
Questions you may have
If a case is filed, will my relative leave the centre?
Not automatically. The case stops the deportation, but administrative detention is a separate decision. A separate application against detention can be made to the criminal judgeship of peace (sulh ceza hâkimliği), or alternative obligations can be requested instead of detention.
What can be done if the 7 days have passed?
If the deadline has passed, the case may be dismissed without being examined. Even so, it is necessary to check whether the notification was made properly and whether there are other options. Call without delay.
Can the court’s decision be challenged?
The administrative court’s decision on this matter is final. If there is a claim that fundamental rights have been violated, an individual application can be made to the Constitutional Court (Anayasa Mahkemesi) within 30 days.