Constitutional Court of Türkiye

Deportation, family life and adequate reasoning: Constitutional Court case

The Constitutional Court found a violation of the right to respect for family life after the courts did not adequately examine the effect of a deportation decision on a foreign national’s marriage and family circumstances.

Decision informationApplication No. 2021/29101
SummaryThe Constitutional Court found a violation of the right to respect for family life after the courts did not adequately examine the effect of a deportation decision on a foreign national’s marriage and family circumstances.

Decision text

This page is an English editorial summary. The official decision is published in Turkish and remains the controlling source.

Case note

The applicant, who held French and Syrian citizenship, had entered Türkiye lawfully and obtained a short-term residence permission. The applicant was married to a Syrian national working as a teacher in Türkiye and argued that deportation would affect family unity.

The Court’s finding

The Constitutional Court held that the existence and practical effect of the family relationship had not been adequately examined by the reviewing court. It also noted that the reasoning referred to an allegation that did not match the criminal proceedings, which later ended in an acquittal.

The principle in practical terms

Immigration decisions may involve both public-order considerations and family-life rights. The authorities and courts must address the relevant arguments and provide reasons that allow the balance between those interests to be understood. The decision does not remove the State’s power to regulate entry, residence or deportation.

The Court found a violation and sent the case for retrial to remove the consequences of the violation. The source is the official Constitutional Court decision.

This publication is general legal information. It is not legal advice, a case assessment, a promise of an outcome or an invitation to instruct the office. Deadlines, jurisdiction, evidence and available remedies depend on the facts and the law in force at the relevant time.