Turkey has been an important refuge for refugees for years due to its geographical location and political events in the region. Being a refugee in Turkey requires the protection of refugees’ rights and the regulation of application processes within the framework of national and international legislation. In this article, you can find detailed information about refugee application processes in Turkey, temporary protection and international protection, points to consider, and details about why you should work with us.
Temporary Protection and International Protection Statuses
Turkey offers various rights to foreigners under different protection statuses due to its geographical location and international legal obligations. Temporary Protection and International Protection are the two main protection mechanisms most frequently applied for in Turkey.
- Temporary Protection: This status is provided especially to foreigners coming from Syria. Turkey has provided temporary protection to Syrian citizens by opening its borders in response to the ongoing Syrian crisis since 2011. Temporary protection is designed to provide collective protection in case of mass migrations from a country. Individuals covered by temporary protection can benefit from rights such as health, education, and social services in Turkey and have a legal status in Turkey parallel to the international protection system.
- International Protection: Due to the application of the 1951 Geneva Convention, to which Turkey is a party, with geographical limitation, asylum seekers coming from outside Europe are not recognized as refugees. Instead, different international protection statuses such as conditional refugee, subsidiary protection, or humanitarian residence permit are offered. These statuses come into play when individuals are forced to leave their countries due to persecution, war, or human rights violations.
Temporary Protection Application
Foreigners who come to Turkey from countries other than European countries and want to become refugees can benefit from two different statuses: Temporary Protection and International Protection. These statuses grant legal status to people seeking refuge in Turkey and provide them with various rights.
Temporary protection is a status provided for people fleeing the civil war in Syria. The application process is as follows:
- Application Location: The process is initiated by applying to provincial migration administrations in Turkey.
- Registration and Identity: Identity information is taken and a temporary protection identity document is issued.
- Protection Status: The protection period is temporary and is updated depending on political and security situations.
Points to Consider:
- Accurate and complete information must be provided during the application.
- The temporary protection identity document should not be lost; many rights can be obtained based on this document.
- It is possible to obtain a work permit with a temporary protection identity, but a separate application must be made for this.
International Protection Application
International protection applies to people coming from countries outside Syria. The application process is as follows:
- Application Location: Applications are made to Provincial Migration Administration Directorates.
- Registration Procedures: Identity information is taken and a temporary document is issued when the application is accepted.
- Interview: The reason for the application is examined for reasons such as risk of persecution.
Points to Consider:
- During the interview stage, the events experienced should be conveyed in detail and accurately.
- Relevant documents should be submitted on time and necessary information should be provided completely.
- Contact information should be kept up to date to avoid delays in application results.
What is the risk of persecution?
In international protection applications, it is a critical process for the applicant to prove their claims that they have been persecuted or are at risk of persecution. Proving the claim of justified persecution is generally based on both concrete evidence and the accuracy of the applicant’s statements. The following elements are considered in this process:
1. Applicant’s Statements
The oral and written statements submitted by the applicant regarding being persecuted or will be persecuted form the basis of the international protection assessment. However, these statements must be:
- Consistent,
- Detailed,
- Have a logical flow.
For example, contradictions should be avoided when explaining the dates, places, and events of persecution.
2. Concrete Evidence
Evidence submitted to support the claim of justified persecution is important. These include:
- Medical Reports: Can be used as evidence of physical or psychological violence.
- Witness Statements: Statements from people supporting the applicant’s claims are important.
- Official Documents: Documents such as prison sentences, threat letters, dismissal from office.
- Media News: Local or international news documenting the persecution or oppression environment.
- Photos and Videos: Visual evidence of persecution or threat incidents.
3. Source and Purpose of Persecution
When presenting evidence that the applicant has been persecuted, the sources and reasons for persecution must be clearly stated. In this context:
- It is explained whether the persecution originates from state authorities or individual groups.
- The reasons for the persecution (for example, political opinion, ethnic origin, religion, gender, or belonging to a particular group) are stated.
4. Country Conditions Reports
The countries where the application is evaluated take into account the general conditions of the country from which the applicant comes.
- Human rights reports,
- Documents from international organizations (UNHCR, Amnesty International, Human Rights Watch, etc.),
- Reports documenting the state’s oppressive policies can be used to support the existence of persecution.
National and International Legislation Regulating the Rights of Refugees in Turkey
The rights of refugees are protected within the framework of both national and international legislation.
National Legislation:
- Law No. 6458 on Foreigners and International Protection (LFIP): This law determines the rights of refugees and application processes.
- Temporary Protection Regulation: This regulation regulates the protection status in mass refugee influxes.
International Legislation:
- 1951 United Nations Refugee Convention and 1967 Protocol: These conventions, to which Turkey is a party, determine refugee rights.
- European Convention on Human Rights (ECHR): Refugees can benefit from various rights under the ECHR.
Points to Consider:
- Since refugee rights are based on international conventions, it is important to understand status differences.
- A full understanding of the rights provided by both legislations is critical for the healthy conduct of the legal process.
Appeal and Lawsuit Options in Case of Rejection
When an application is rejected, applicants have appeal and lawsuit options.
1. Rejection of International Protection Application
When the application is rejected, the applicant can:
- Administrative Appeal: Appeal to the Provincial Migration Administration Directorate within 15 days.
- Lawsuit: Apply to the administrative court within 30 days.
2. Rejection of Temporary Protection Application
When the application is rejected, the applicant can:
- Administrative Appeal: Appeal to the Provincial Migration Administration within 15 days.
- Lawsuit: Apply to the administrative court within 30 days.
Points to Consider:
- It is important to submit documents completely when appealing against the rejection decision.
- Legal processes need to be initiated on time, so attention should be paid to deadlines.
Guide to Applying for Refugee Rights in Turkey
- Go to the provincial migration administration to apply for temporary protection.
- Prepare the necessary documents completely for international protection application.
- Follow appeal and lawsuit routes in case of rejection.
- Keep your identity document and application documents safe to benefit from refugee rights and services in Turkey.
Why Should You Choose Us?
Expertise and Experience: As lawyers specialized in refugee rights in Turkey, we work to protect our clients’ rights in the best way. With our deep knowledge of both national and international legislation, we provide the most accurate guidance to our clients.
Comprehensive Support: We provide professional legal support at every step from the application process to appeal and lawsuit routes. We manage complex processes related to refugee rights quickly and effectively.
Success-Oriented Approach: We act with the goal of achieving successful results in refugee applications. We are with you at every stage of your application process and defend your legal rights in the best way.
Refugee rights and international protection application processes are among the complex and sensitive issues evaluated within the scope of foreigners law. For individuals who want to obtain refugee or asylum seeker status in Turkey, there are legal processes that need to be considered in both temporary protection and international protection applications.
Receiving legal support in this process is of great importance in terms of making applications correctly and preventing possible loss of rights. For detailed information about refugee rights, asylum procedures, and other issues within the scope of foreigners law, you can visit our Ankara Foreigners Law Lawyer: Services and Consultancy page.