International Protection Application Process in Türkiye

International protection refers to the protection granted to individuals who cannot remain in their country of origin due to war, violence, persecution, or serious human rights violations. In Türkiye, international protection applications are assessed under the Law on Foreigners and International Protection (LFIP) No. 6458.

 

Types of International Protection

Türkiye is a party to the 1951 Geneva Convention with a geographical limitation, meaning that it grants refugee status only to individuals fleeing events occurring in European countries.

Refugee:
Status granted to individuals who have a well-founded fear of persecution due to events occurring in European countries.

Conditional Refugee:
Status granted to individuals fleeing persecution due to events occurring outside Europe. These individuals may remain in Türkiye until they are resettled in a third country.

Subsidiary Protection:
Granted to individuals who do not qualify as refugees or conditional refugees but would face risks such as the death penalty, torture, or inhuman or degrading treatment if returned to their country.

 

Exclusion from International Protection

The following individuals may be excluded from international protection:

  • Those who have committed serious crimes or participated in such crimes
  • Individuals who pose a threat to public order or national security in Türkiye

 

Application Process and Assessment

Application:
International protection applications must be submitted to the competent authorities in Türkiye.

Assessment:
Applications are evaluated individually based on international protection criteria.

Decision:
If accepted, the applicant may be granted refugee, conditional refugee, or subsidiary protection status.

If the application is rejected, the individual is not automatically deported. There is a right to appeal and to file a lawsuit. Additionally, the principle of non-refoulement must always be assessed.

 

Rights Under International Protection

Right to Stay in Türkiye:
International protection is not a type of residence permit. The right to stay is valid as long as the protection status or application process continues. This does not constitute an indefinite residence right.

Right to Work:
The right to work is not automatic. It may be granted after a certain period and in accordance with relevant legislation.

Right to Education:
Children have the right to access education.

Access to Healthcare:
Applicants and beneficiaries may access healthcare services within the framework of applicable legislation.

 

Unaccompanied Children and Persons with Special Needs

These provisions ensure enhanced protection mechanisms for vulnerable groups.

Unaccompanied Children

  • Best interests of the child: All procedures prioritize the best interests of the child
  • Age assessment: Conducted only as a last resort where there is doubt; medical methods are not solely determinative
  • Placement: The child may be placed in appropriate accommodation or with a suitable adult relative
  • Child Protection Law: Additional safeguards under child protection legislation apply

Persons with Special Needs

  • Priority: Applications are handled with priority
  • Support: Victims of violence and vulnerable individuals may receive medical, psychological, and social support

 

Administrative Detention of Applicants

  • Applicants may be placed under administrative detention only in specific circumstances
  • Detention is not automatic and must meet necessity and proportionality criteria
  • The duration may be extended depending on the case and is subject to judicial review
  • Detainees retain rights such as access to a lawyer and visitors

 

Application Procedure

  • Registration: Applications are registered by provincial authorities or competent bodies
  • Interview: Applicants are interviewed to assess their claims
  • Information: Applicants are informed of their rights and obligations
  • Residence obligation: Applicants may be required to reside in a designated location

 

Inadmissible Applications

“Inadmissible applications” are legally distinct from “rejected applications” and follow a separate procedure.

Applications may be considered inadmissible in cases such as:

  • Repeated applications based on the same grounds
  • Certain situations involving a connection to a safe third country

The concept of a safe third country is applied very narrowly and under strict conditions in Türkiye and does not automatically result in rejection.

 

These regulations establish enhanced protection mechanisms, particularly for vulnerable groups such as children and persons with special needs. The aim is to ensure effective protection of applicants’ rights.

For detailed legal advice, it is recommended to consult a qualified lawyer.