61 QUESTIONS AND ANSWERS ABOUT INTERNATIONAL PROTECTION LAW 6458 IN TURKEY

Revised August, 2020 – Resource, Directorate General of Migration Management Turkey
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Turkey iResidence - Questions about Law No.6548 Foreigners and International Protection.
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Application for international protection will be done to governorates in person by individuals.
Except for the illiterate applicants, the declaration of the applicant including information on international protection application will be taken in the language which the applicant can express oneself. The declaration of the applicant will be handwritten and signed by applicant and governorates will have the applications translated.
Copies of information and documents deemed as necessary can be taken by abiding the confidentiality, the originals of entire documents including the passports will be returned to the applicant.
International protection applications cannot be done through the attorney or legal representative of an individual.
Applicant can make an application on behalf of the family members traveling with the applicant based on the same justification. Approval of adult members of the family will be taken.
The document will enable the applicant to reside in the designated province without obtaining one of the residence permit types and to access to education, health and social services provided to applicants.
Such ID will ensure the right to stay in Turkey and access to education, health and social services provided to applicants without obtaining one of the residence permit types.
Individuals, who have the refugee, conditional refugee and subsidiary protection status, will be entitled to such an ID.
The application will be finalized within six months following the date of registry. In case of failure to decide in this period the applicant will be notified.
The General Directorate may allow them to stay in the province of application but these applicants can also be referred to other provinces.
The applicant must go to the designated province in fifteen days.
If in the course of application it has been observed that one of the family members should be subject to independent evaluation then the application of that individual can be accepted separately.
After the international protection application has been received, the date identified for registration will be notified to the relevant individual and “Personal Interview Appointment Document” will be given.
a) If there is a serious suspicion about the accuracy of the identity information b) If entry into the country has been realized without due process of law at the border check points c) If the elements constituting the basis of the application cannot be identified due to failure to implement administrative detention d) If the individual poses a significant threat to public order or public security administrative detention can be implemented.
Decision of administrative detention will be rendered and terminated by the governorates.
If the visit is at the border gate then the highest administrative authority’s permission will be taken. If the visit is to be realized at the reception and accommodation centers as well as removal centers then the permission of the center’s administrator will be required.
Taking applicants under administrative detention is an exceptional situation. Administrative detention period cannot exceed thirty days for the applicants of international protection. Administrative detention will be immediately terminated if the conditions disappear.
The applicant can have visitors within the framework of the rules. Permission will be granted for the applicant to meet his/her legal representative, attorney, notary public and representative of UNHCR.
The applicant, his/her legal representative or attorney can object to the judge of criminal court of peace against administrative detention.
The judge of criminal court of peace will finalize the review in 5 days.
If the applicant cannot submit documents about his/her identity then comparison of personal data and data collected from the conducted research will be used to detect the identity of the applicant. Language analysis can also be used as a method to identify the identity of the applicant. If the identity of the applicant cannot be detected after such research then the declaration of the applicant will be taken as basis.
If the applicant objects to provision of personal data, he/she will be accepted to have withdrawn his/her application.
The initiation date of the registry document is the date of application for international protection. The termination date of the visa or visa exemption period for those who legally entered the country and the date of illegal entry into country for those who directly came through illegal means will not be taken into account but the date of application will be taken as basis.
Within thirty days following the date of registry the interview will be conducted.
There will be at least ten days between the date of initial uncompleted interview and the date of second interview.
Even if the initial interview has been conducted additional interviews can be conducted in order to obtain additional documents and information.
There is no time restriction for the period between the initial interview and additional interview.
Conducting the interview individually is essential. However, if there is the consent of the individual the family members, upon the written request of the applicant the attorney as an observer, interpreter, psychologist, social worker, child development expert available in accordance with the possibilities, officers from other expertise areas, parents or legal guardians if the children are interviewed can take part in the interviews.
In application, registration and interview and other processes deemed necessary by the administration, when the required level of communication cannot be established without the presence of an interpreter then the interpretation service is provided free of charge.
The identity documents will be issued by the governorates.
The applicant of international protection will get his identity document personally from the governorates.
The request to change the province of residence due to reasons of relatives or health will be evaluated and finalized by the governorates.
The governorates can give a period of up to 15 days for leaving the province temporarily.
The requests for more than 15 days leave will be forwarded to the governorate but the decision will be taken by the General Directorate.
Individuals, who cannot complete the required transactions in the given time, can directly apply to the governorate of the related province in order to extend the related period.
International protection applications will be finalized in at most six months following the registration date of the application.
Keeping the applicant outside international protection will not affect the provision of international protection for the other members of the family.
The continuation of the status of the family members will not ensure any kind of right to the individual kept outside international protection.
Objection to the international protection evaluation commission will not prevent the individual from filing an application to the authorized administrative court. However, if the individual’s application to the administrative court is detected then the objection to the commission will not be evaluated.
a) If the individual is taken under administrative detention, b) If the application is evaluated as inadmissible, c) If the application is reviewed as an accelerated evaluation.
The decision on termination of international protection will be taken by the General Directorate and notified to relevant individual by the governorate.
The applicant can see his/her legal representative, attorney, notary public and officials of UNHCR under administrative custody.
After the termination of the term of existing residence permits depending on their status, international protection application registry document or international protection applicant identity document or international protection status holder identity document will be issued.
Due to incidents that happen in European countries individuals who cannot benefit from the protection of the country he/she is a citizen of, who do not want to use such protection or who is stateless due to a fear of persecution at that country on reasonable grounds because of race, religion, nationality, membership to a certain social group or thoughts will be given refugee status.
Due to incidents that happen in countries outside Europe individuals who are outside the country they are a citizen of and cannot benefit from the protection of that country or who do not want to use such protection because of fear on reasonable grounds due to race, religion, nationality, membership to a certain social group or thoughts or stateless individuals who are outside their residence country due to such incidents, cannot return to that country or do not want to return due to such fear will be given conditional refugee status after the necessary operations have been carried out.
The conditional refugee will be allowed to stay in Turkey until his/her resettlement in a third country.
Foreigner or stateless person who cannot be identified as refugee or conditional refugee but upon his/her return to country of origin or residence who; • Will be sentenced to death penalty or whose death penalty will be executed, • Who will be subject to torture, inhumane or degrading penalty or treatment, • Who will be faced with grave threat against oneself in armed conflict in the country or in international armed conflicts due ton on-discriminating violent conflicts, And due to the above mentioned reasons who cannot make use of the protection of the country of origin or residence or who do not want to use such protection will be entitled to subsidiary protection.
When the interview of the foreigner applying for international protection has been completed the identity document will be given to her/him and the members of his/her family if any.
The identity document is not subject to any kind of fee or duty.
It is essential to consider the best interest of the child in all of the operations. Such children can be accommodated in suitable places or with their adult relatives or with a foster family by the Ministry of Family and Social Policies. The ones who have completed the age of 16 can be accommodated in reception and accommodation centers. Special attention is paid to keep the siblings together. No change will be made in the accommodation facility unless there is an obligation.
Priority will be given to people with special needs in all of the tasks and actions. Individuals who have been subject to torture, serious psychological, sexual or physical violence will be provided with treatment possibility to mend the damages incurred with such acts.
Individuals who have international protection status will be exempt from the principle of reciprocity. However, the rights and possibilities provided to these people will not be interpreted in a way to exceed the rights and possibilities provided to Turkish citizens.
Access to social assistance and services is facilitated for the applicants of international protection or people with international protection status who are in need.
Applicants of international protection or people with international protection status and their family members can benefit from the education services at primary and secondary education institutions by using the documents illustrating their status. The ones entitled to pre-graduate/associate, graduate, undergraduate or doctorate degrees in Turkey will be able to stay without getting a student residence permit by only using the documents illustrating their status.
From among the applicants of international protection or people with international protection status, only the ones who do not have any kind of health insurance and who do not have sufficient financial means may benefit from general health insurance.
They can benefit from the insurance starting from the date of application for international protection.
Applicants and conditional refugees can apply to obtain a work permit six months after the date of international protection application. Refugee or subsidiary protection owners can work dependently or independently after obtaining the status.
Applicants of international protection or people with international protection status are obliged to inform their employment status or changes pertaining to their employment status to the governorates within thirty days.
The applicants will be accommodated in provinces determined by the General Directorate of Migration Management.
Refugee status holders are obliged to become registered on the address registration system and notify their residence address to the governorate within twenty working days at the latest.
a) To notify authorities about their employment status within thirty days, b) To notify authorities about their income, movable and immovable assets within thirty days, c) To notify authorities about the change of address, identity and marital status within twenty working days, d) To reimburse the full or partial amounts spent for her/him if it is detected that she/he benefited from the rights, services and assistance provided to her/him wrongfully.

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