Around the world, countries are required to make decisions regarding the deportation of foreign nationals within their borders. However, this process must adhere to certain key principles under international law and human rights. In this article, we will delve into the fundamental concepts surrounding the deportation of foreign nationals and the principles established by international law.
1. Right to Asylum and International Protection:
The issue of deporting foreign nationals is closely linked to the right of asylum. International protection law recognizes the right to seek asylum and requires a fair evaluation of asylum applications. Unless an individual's asylum claim is accepted, they should not be deported.
2. Legal Process and Fair Assessment:
The process of deportation must undergo legal procedures and a fair assessment. This allows individuals to defend their rights and challenge the reasons for deportation.
3. Risk of Human Rights Violations:
The deportation process should be carried out cautiously due to the potential risk of human rights violations. If there is a risk that individuals may face torture, ill-treatment, or death upon deportation, such actions should not be taken.
4. Reasons for Deportation:
Each country has its own laws determining the grounds for deportation. In the "Law on Foreigners and International Protection," the criteria for individuals who may be subject to deportation are explicitly outlined in Article 54. These criteria include:
Illegal entry into the country.
Posing a security threat to the nation.
Being a leader, member, supporter, or involved in profit-oriented criminal organizations or terrorist groups.
Overstaying the duration of a visa.
Carrying a contagious disease that poses a risk to public order and health.
Having residence permits revoked.
Engaging in employment without the necessary work permit.
Violating the duration of residence permits by more than ten days without valid reasons.
Having residence permit extension applications denied.
Failing to depart from Turkey within ten days after residence permit expiry, despite being issued an entry ban to Turkey.
These criteria serve as the legal basis for making deportation decisions, and they are aimed at safeguarding the security, public order, and public health of the country. It is crucial for countries to apply these criteria in a fair and consistent manner while respecting the human rights of foreign nationals.
5. Legal Representation:
Foreign nationals should have access to legal representation during or before the deportation process. This helps individuals defend their rights.
6. Non-Refoulement Principles:
International law prohibits the refoulement of individuals, which means sending them back to a place where they may face persecution or harm. This principle is applied when there is a risk of torture, ill-treatment, or other serious human rights violations upon deportation.
Deporting foreign nationals is a complex issue that must be handled in compliance with international law and human rights. While each country has its own legal procedures, they should be implemented in a way that does not violate fundamental human rights. Deportation procedures are closely monitored by the international community, highlighting the importance of protecting human rights.
Aykut Yavuz- Attorney at Law