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The deportation decision is notified to the foreigner or his/her representative for whom the deportation decision has been taken, together with the reasons. Against the deportation decision, he can apply to the administrative court within seven days from the notification of the decision.
The person applying to the court can also notify the application to the authority that issued the deportation decision. Although the Court should conclude the case for the annulment of the deportation decision within 15 days, in practice, the cases seem to take longer. The decision of the court is final. An individual application can be made to the Constitutional Court, which is an extraordinary legal remedy against the decision, but this does not prevent the implementation of the deportation decision. Without prejudice to the consent of the foreigner, the foreigner cannot be deported within the period of filing a lawsuit or, in the case of a judicial remedy, until the trial is concluded.
However, in this context, it has been observed that foreigners are forced to sign a "voluntary return" document without adequate information. The foreigner can be kept in the removal center during the case, and an objection can be made to the authorized criminal judgeship of peace at any time.
For this reason, it is recommended that foreigners, for whom a deportation decision has been taken, work with a lawyer who is competent in the field of foreigners' law.
For more details please contact us to assist you.
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