Foreigners numbered 6458 and the terms of international protection status to Turkey alongside the entry and residence of foreigners procedures also been organized with the International Protection Act. In this context, the principles and procedures need to be complied with by foreigners under international protection as well as temporary protection if requested protection from Turkey are set out in the law.
1 Refugees
In Turkish law, refugees are foreigners who cannot live in their own countries because of their race, religion, nationality, membership of a certain social group or political thoughts, who are afraid to live in their own countries and who are forced to leave their country for this reason. However, according to Article 61 of Law No. 6458, a person who has left his country in this way must be granted refugee status in order to be granted refugee status.
In this context, in daily life, although everyone who migrated to Turkey from a foreign country refugees legally possible in addition to the above conditions is also essential to have come from a European country that person.
Conditional Refugee
Conditional refugee status is granted to foreigners who meet the above-mentioned conditions and who are forced to leave their country due to these reasons or who are forced to leave but who come from outside Europe.
Secondary Protection
Another protection status is envisaged for those who do not qualify as refugees or conditional refugees but cannot be returned to the country of origin or repatriation. This status is secondary protection status. In order for the secondary protection status to be applied,
– There is a possibility of being sentenced to death or the death penalty will be executed,
– be subjected to torture or inhuman degrading punishment or treatment;
– Endangered by armed conflict situations internationally or nationwide,
One of their conditions must exist. In this case, it does not matter whether the person is foreign or stateless. It is sufficient to demonstrate that it cannot be protected from the above-mentioned dangers in the country of residence. In such cases, they shall be granted secondary protection status.
Foreigners Excluded from International Protection
According to Article 64 of Law no. 6458, some people cannot benefit from international protection status. Accordingly, foreigners requesting protection cannot benefit from protection status in the following cases;
– cannot benefit from foreign protection status if it still receives assistance from another UN body or organization other than the United Nations High Commissioner for Refugees. (YUKK art. 64/1-a)
– If the rights and obligations of the citizens of that country are recognized by the competent authorities of the country of residence, they cannot benefit from the foreign protection status. (YUKK art. 64/1-b)
– If there is a serious conviction that the foreigner is guilty of the acts stated in Article 1 / f of the Convention on the Legal Status of Refugees, he cannot benefit from foreign protection status. Likewise, those who are found to have committed cruel acts other than those crimes and those who have assisted such acts are also excluded from international protection. (YUKK art. 64/1-c)
– Foreign or stateless persons, who are serious indicators of danger to public order or public security, are excluded from international protection.
-Mülteci of the Convention on the Legal Status Article 1 in one Located crime was, albeit in Turkey have committed a crime punishable by imprisonment, and many people who have been to Turkey to attract the punishment does not benefit from the protection status. (YUKK art. 64/5)
How and to whom?
According to Law No. 6458, the application for international protection is made to the governorship by the foreigner requesting protection. However, the applicant may apply on behalf of family members who come for the same reasons except the foreigner. (YUKK art. 65/3)
It transmits this request entry into foreign law enforcement officials for the purpose of protection in Turkey. (YUKK art. 65/2) The application is immediately forwarded to the governorship. If the applicant has entered illegally to Turkey and criminal proceedings due to unauthorized entry and residence does not apply if a request for protection if staying illegally in Turkey. However, if the request for protection is rejected, the person is deported.
What are the Reasons for the Application for an International Protection Status?
Requests for protection are rejected in some cases. These applications are called unacceptable applications. Namely;
– Repeating the same application without providing a different reason,
– those who came from the first country of asylum, which had provided adequate and effective protection, previously recognized as a refugee,
– Protection applications cannot be accepted if they have not applied for a refugee in a country where they can obtain appropriate protection under the Convention on the Status of Refugees. (YUKK m.72 / 2)
It should be noted that one exception is that foreign children are also considered children under the Child Protection Law No. 5395. In this context, unaccompanied minors can be placed in the dormitories of the Ministry of Family and Social Policies, with adult relatives or foster families.
Administrative Oversight in International Protection Application
Persons applying for international protection may be placed in administrative detention in accordance with Article 68 § 1 of the ICC. Administrative oversight can be taken if there is doubt about the foreigner’s identity or citizenship information, if he is caught trying to enter illegal ways into the country, if he is a threat to public order.
The period of administrative oversight may not exceed 30 days. This decision shall be forwarded to the lawyer or legal representative of the foreigner, if any. It is possible to appeal against the decision of administrative oversight. The competent authority is the magistrate of peace. The appeal is concluded within five days.
International Protection Decision
The request for protection is forwarded to the governorates. An individual interview with the applicant is made within thirty days after the request for protection. An ay International Protection Applicant Identification Document ’is issued to the applicant for a period of six months.
The applicant shall be deemed to have withdrawn his application if he does not overlap the interview three times, escapes or tries to escape from the administrative detention center and leaves his place of residence without permission. The application is finalized by the Provincial Directorate of Migration Administrative Affairs within six months of the application.
Result
International protection status is a legal status which can be gained under certain conditions and can be revoked under certain conditions within the scope of the Law on Foreigners and International Protection No. 6458 and it provides certain rights and obligations to the person under protection. In addition to these rights and obligations, click here for detailed information on the conclusion and cancellation of the protection order.
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