Temporary Protection and Deportation

Temporary Protection and Deportation

Deportation is defined in international law as an institution that ensures the removal of foreigners from the territory of a state. This institution gives every state the right to deport foreigners in its own country under certain conditions. These conditions generally cover situations such as harming the security or public order of the country or engaging in illegal activities. Temporary Protection and Deportation

However, the deportation must be carried out in accordance with the rules of international law. Principles such as respecting the human rights of foreigners and not being arbitrarily deported ensure that this process is done legally and ethically. In addition, the country to which the foreigner will be deported must also approve this process. Temporary Protection and Deportation

While deportation is an area in which a country is free to exercise its jurisdiction, İt must not be arbitrary, human rights must be respected, and international law must be complied with.  Temporary Protection and Deportation

Foreigners for whom a Deportation Decision can be taken

The expulsion of aliens requires striking a balance between states’ right to maintain security.  And order in their home countries and their obligations under international law.  While respecting the rights of foreigners, it is also important to protect. The fundamental interests of the state, such as public order, safety and health.

The reasons for deportation in the above-mentioned articles have been determined by taking into account. The behaviors and situations of foreigners during their stay in Turkey. These reasons are applied in cases. Where foreigners may harm Turkey or threaten security.

However, the realization of deportation procedures should be done by considering the principle of respecting. The human rights of foreigners. Foreigners cannot be deported without a fair trial. In addition, İf there is a risk that deported persons will be tortured. İll-treated in their home country, deportation should not be carried out with this in mind.

As a result, deportations are always a sensitive issue and must be handled with care.  States should take steps to protect public safety and order while respecting the rights of aliens.

Deportation

Foreigners for whom a Deportation Decision cannot be taken

Law on Foreigners and International Protection m. As set out in Article. Those who have serious indications that they will be subject to the death penalty, torture, inhuman. Degrading punishment or treatment in the country to which they will be deported,. Those whose travel is considered risky due to serious health problems, age and pregnancy status. İfe-threatening diseases. Deportation decision cannot be made for those. Who do not have the opportunity to receive. Ttreatment in the country to which they will be deported, victims of human trafficking. Who benefit from the victim support process, and victims of psychological. Physical or sexual violence until their treatment is completed. Since the deportation of these people would be against human rights, YUKK art. In 55, their deportation was prevented by respecting their rights.

Deportation of Beneficiaries of International Protection

These regulations prevent the arbitrary deportation of persons who have applied for protection. Who have international protection, in accordance with the basic principles of international law. However, there are certain conditions under which international protection holders can also be deported. In the presence of these conditions, a deportation decision may be taken.

In particular, a person with international protection may be deported. İf he or she commits a serious crime such as threatening the security of the country or engaging in activities contrary to the interests of the country. In addition, he may be deported if he decides to return to the country or loses his protection status.

However, in order for the deportation decision to be taken, the entire legal process must first be fulfilled.  After the deportation decision has been notified to the person, İt is obligatory to respect the rights of legal defense and to give a reasoned decision.

Consequently, the expulsion of holders of international protection is also subject to certain conditions and must be carried out in accordance with. The basic principles of international law. Completion of legal processes and protection of legal defense rights are of great importance in this process.

Deportation of Temporary Protection Beneficiaries

The absence of any regulation regarding the deportation of temporary protection holders does not mean that these persons are not deported. Temporary protection is a protection status that is valid only for a certain period of time and in case of termination,  The relevant foreigners must leave the country. However, a separate arrangement for deportation or

It is clear that it should.

Therefore, it is necessary to make a regulation on the deportation of temporary protection holders. This regulation should contain detailed provisions regarding deportation procedures in case. Termination or cancellation of temporary protection. These provisions should comply with the fundamental principles of international law and protect the rights of temporary protection holders.

In conclusion, the absence of any provision in the LFIP and the Temporary Protection Regulation regarding the deportation of temporary protection holders. Does not mean that these persons will not be deported. Therefore, it is necessary to make a detailed regulation on the deportation of temporary protection holders.