1) What is statelessness
Statelessness means more than lacking a passport. Under the 1954 Convention, a stateless person is someone “not considered as a national by any State under the operation of its law.” The definition requires looking not only at written nationality laws, but also at how those laws operate in practice—an approach consistently emphasized in UNHCR guidance on statelessness determination.
Turkey acceded to the 1954 Convention in 2015 (UN Treaty Collection records the accession and registration date). Monitoring sources also note that, among the core statelessness treaties, Turkey is party to the 1954 Convention but not the 1961 Convention on the Reduction of Statelessness.
2) Statelessness determination in Turkey
In Turkey, statelessness is addressed within the framework of Law No. 6458 and the administrative practice described by the migration authorities. According to the official information:
- A person who is stateless (or became stateless while in Turkey) is required to apply in person to the governorate.
- If the application is accepted, a “Proof of Application” document is issued free of charge and remains valid until a decision is made.
- Following registration, an interview should be conducted within 15 days, unless exceptional reasons exist.
- The central authority completes the determination, consulting other institutions if needed, and aims to finalize the assessment within 90 days.
- If the person is determined to be stateless, a Stateless Person Identification Card is issued by the governorate; it is fee-exempt, issued individually, and renewed every two years as long as statelessness continues.
- Applications may not be processed if the applicant already holds a stateless person ID or a stateless passport issued by another country.
This procedure matters in practice because it provides a “documented pathway” for people who otherwise risk remaining unregistered and vulnerable.
3) Rights linked to the Stateless Person Identification Card
The official framework explains that the rights and safeguards connected to the Stateless Person Identification Card include, in summary:
- The ability to request one of the residence permits regulated under the law.
- Protection against removal unless the person constitutes a serious threat to public order or public security.
- Exemption from reciprocity requirements applied in certain foreigners’ procedures.
- Access to work permit procedures under the applicable labor framework.
- The ability to benefit from certain passport-law mechanisms.
In other words, recognition is not purely symbolic: it is designed to unlock residence and administrative accessibility, and to reduce removal vulnerability—subject to public order/security assessments.
4) Loss of status and cancellation risks
Statelessness recognition can be withdrawn. Official guidance indicates that the identification card may be cancelled if the person acquires a nationality, if false information/documents were used, or if a removal decision is issued based on serious public order/security concerns.
For legal practitioners, the key point is that cancellation is typically an administrative act that must be reasoned, evidence-based, and proportionate—especially where fundamental rights are at stake.
5) Judicial remedies and court pathways
Administrative acts such as refusal to process an application, a negative determination, refusal to issue the ID, or cancellation of the ID are generally subject to administrative judicial review (annulment litigation).
Time limit for annulment lawsuits
Where a special statute does not set a different deadline, the general time limit to bring an annulment case before administrative courts is 60 days under Turkey’s administrative procedure rules.
In practice, the calculation depends on the date of written notification, so the notification record is often decisive.
Administrative detention and liberty-focused review
Stateless persons may face heightened detention risk in removal contexts due to documentation barriers. Under the detention review mechanism, a person (or their lawyer/representative) may apply to the criminal judgeship of peace; the application does not automatically suspend detention; the judge decides within five days and the decision is final.
If a removal decision is issued
If removal becomes part of the file (including scenarios linked to public order assessments), a separate, special remedy may arise. Official information states that a removal decision can be challenged before the administrative court within seven days, with the court expected to decide swiftly and the judgment described as final in that track.
6) Evidence strategy in statelessness files
Statelessness files often involve “absence of documents,” so evidence must be built to show the person is not recognized as a national by any state. Useful categories include:
- Civil status traces (birth, parentage, former residence, registration chain), where available.
- Consular correspondence demonstrating non-recognition or refusal to register as a national.
- Legal analysis of relevant nationality laws and how they operate in practice (including credible reports).
- Documentation of how lack of nationality affects access to healthcare, education, lawful work, family life, and travel.
UNHCR guidance underscores the importance of fair, accessible determination procedures and reasoned decisions, reflecting both law and real-world implementation.
Conclusion
Statelessness is a high-impact legal condition because it often leaves individuals without effective state protection. In Turkey, the system combines an administrative determination procedure, a dedicated identification document with defined safeguards, and multiple judicial pathways: administrative annulment litigation for negative or cancellation decisions, liberty-focused review for detention, and expedited judicial challenges where removal is at issue.
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