Stateless persons, illegal immigrants, courts and deportation
Various events happen in life, sometimes they do not depend on us. I did not have personal experience in the issues described below, but perhaps they will be useful to my readers. Only general concepts and principles are described here, only a specialist can help you in details.
Stateless Persons
Sections 50 and 51 of the Aliens and International Protection Law No. 6458 refer to stateless persons. In addition, paragraphs 47 and 50 of the Regulation on the Application of the Law on Foreigners and International Protection indicate a temporary type of residence permit.
A stateless person means a person who does not have the status of belonging to any known state. To be honest, I didn't even know this was happening. I have never come across this, so I don’t see the point in developing this topic either.
About Irregular Migrants
Irregular migration: means entering a country illegally, staying in a country illegally, or entering legally and not leaving within a legal period. This is also common here. But there are subtleties and nuances, I will not go into this topic, since such services cost money, time, and so on. And each case must be considered individually.
Well, if it suddenly happens that you or your friends encounter such cases, then below I painted a conceptual list of words.
Deportation:
Enforcement of the decision regarding those who violate the provisions of the Deportation Act. The deportation process is governed by sections 52-60 in section 4 of part 2 of the Aliens and International Protection Act. Consideration and decision on deportation takes a maximum of 48 hours.
Offer to leave Turkey:
If a deportation decision is made, a period of 15 to 30 days is given to leave Turkey. Persons who are granted such a period are issued a document “Exit Permit”, which is not subject to a fee.
Persons who must leave Turkey,maynot put a ban on entry if they leave the country on time.
Foreigners who do not leave the country on time may be placed under administrative arrest. Persons who are not subject to the deportation order and the above procedure do not apply to them:
a) Those who can run away or get lost,
b) Illegal entry or exit,
c) Using false documents,
d) Those who are trying to obtain a residence permit with unfounded documents or it is established that the documents were obtained in this way
e) Who poses a threat to public order, public safety and public health.
Repatriation Center:
Centers where foreigners are under administrative detention.
Administrative Arrest applies to persons subject to a deportation decision. All of them "sit" in the Repatriation Centers.
Administrative detention at Repatriation Centers cannot exceed six months. However, this period may be extended for a further period of not more than six months if the alien's deportation procedure cannot be completed. As a rule, this happens due to the lack of reliable information and / or documents of the involved person.
During administrative detention, the need to extend the detention is assessed every month on a regular basis. If necessary, a thirty-day period is not expected.
Foreigners who are considered trustworthy may be released from administrative arrest. If, on the basis of the application of the local authorities, the relevant Ministry deems it appropriate, the decision on administrative arrest is canceled and an exit permit is issued to him. They may also require that these foreigners live at a certain address and at a certain time be noted in the required form.
Persons not subject to a deportation order
The following foreigners are not subject to deportation decision even if they are under Article 54:
a) If there are substantial grounds for believing in the country to which the alien is to be deported that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment (m .55/1-a),
b) Persons at risk of travel due to serious health problems, age and pregnancy (m.55/1-b),
c) If in the country where the foreigner is to be deported there is no opportunity to continue the treatment of life-threatening diseases (m.55/1-c),
d) Victims of human trafficking who are under victim protection programs (m.55/1-ç),
e) Until the completion of treatment for victims of psychological, physical or sexual abuse (m.55/1-d).
All such cases are considered for each foreigner individually. In order for them to remain in the country, they may be granted a humanitarian residence permit in accordance with Article 46 of the Law on Aliens and International Protection (YUKK) and may also be required to reside at a certain address, as well as at a certain time, be noted in the required form .
In the event of termination of the situations under consideration, a decision may be made to deport foreigners.
Conditions of Appeal Deportation Decision
The decision to deport and its justification is communicated to the foreigner or his legal representative or lawyer in the form of a notice. If a foreigner about whom a deportation decision has been made does not have a lawyer, he or his legal representative is informed about the results of the decision, as well as about the appeal methods and deadlines.
Conditions and Procedures for Applying to the Administrative Court:
The foreigner or his legal representative or lawyer may apply to the administrative court within fifteen days from the notification of the deportation decision.
The applicant who applied to the court also notifies the authority that made the decision to deport him.
The decision is made within seven days from the date of filing the application with the court.
The decision of the court is final. During the filing of a claim or in the event of a judicial application, with the exception of paragraphs (b), (d) and (k) of the first paragraph of Article 54 described in paragraph 2, aliens are not deported until a court decision is made.
Since the right to individual appeal is granted by the Constitution to everyone, a foreigner who has been deported can also apply to the Constitutional Court upon the decision of the administrative court.
Contacting the Criminal Judge:
An administrative detainee or his legal representative or lawyer may apply to the criminal court against the decision of the administrative arrest. Such a statement does not cancel the administrative arrest.
If the petition is referred to the administration, it will be immediately delivered to the authorized criminal judge. The judge on criminal cases considers the case within 5 days. The decision of the criminal judge is final. An administratively detained person or his/her legal representative or lawyer may apply to the criminal court for the absence or modification of the conditions of administrative supervision. Those who are unable to pay for legal services are provided with a lawyer in accordance with the provisions of the Law on Lawyers No. 1136 of 19/3/1969.
Transportation Costs of Deported Foreigners
Aliens' passports and other documents may be seized prior to their deportation, and their tickets may be exchanged for money to be used in the deportation process.
Travel expenses of deported foreigners are paid by them. If this possibility is not available, the missing part or all costs are paid by the budget of the General Directorate. Until all expenses are reimbursed, the foreigner is not allowed to enter Turkey.
The restriction imposed on a foreigner who cannot cover the costs is the reason for the entry restriction. If no other prohibition is imposed on the foreigner, the restriction may be lifted provided that he pays the costs and is allowed to enter the country.
In accordance with article 104 of Law No. 6138, since the debtor is located in another country, there is no time limit on him. For this reason, there are no obstacles to the introduction of an unlimited limit for a foreigner.
Individuals or legal entities are required to pay the costs of deportation of foreigners for whom they guarantee the stay or return.
Employers or representatives of employers who hire foreigners without obtaining a permit will receive an administrative fine of 5,000 Turkish liras per foreigner. Also, the employer or representative of the employer will be required to cover the costs associated with the arrest and return of a foreigner to their country.