Abstract:

The existence of an efficient administrative and judicial protection mechanism against the act of deportation is of vital importance in terms of protection of fundamental rights and freedoms. This lack of efficient administrative and judicial protection has also been underlined in various judgments rendered against Turkey by the European Court of Human Rights (ECtHR). Even if a more guaranteed regime has been carried out in the acts of deportation, in respect of the protection regime of fundamental rights and freedoms, together with the entry into force of the Law on Foreigners and International Protection numbered 6458, whether the aforesaid legal regulation is really efficient or not in terms of the administrative and judicial practice should be determined by examining how the implementation operates. While reviewing the applications for deportation, the Constitutional Court has mainly assessed the issue on the basis of whether or not there is a significant risk for the applicant’s life

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