How to Apply for International Protection in Turkey: Process and Your Rights (LFIP Art. 65-81)

Introduction:

For individuals who fear persecution or are at risk of serious harm in their country of origin or habitual residence, applying for international protection can be a vital lifeline. Turkey, with Law No. 6458 on Foreigners and International Protection (LFIP), has comprehensively regulated international protection application procedures and the rights and obligations of applicants. This process involves many steps from the moment of application to the final decision, and it is crucial for applicants to have accurate information about this process. This article will explain step-by-step how to apply for international protection in Turkey, the important stages of the process (registration, interview, decision, etc.), the fundamental rights of applicants, and available legal remedies within the framework of Articles 65-81 of the LFIP.

1. Where and How to Apply? (LFIP Art. 65)

As a rule, international protection applications are made in person to governorates (Provincial Directorates of Migration Management).

• Application to Law Enforcement Units at Border Gates or Within the Country: If applications are made to law enforcement units (police, gendarmerie, coast guard) within the country or at border gates, these applications are immediately notified to the governorate, and procedures related to the application are carried out by the governorate (LFIP Art. 65/2).
• Principle of Individual Application: Every foreigner or stateless person may apply on their own behalf. An applicant may also apply on behalf of family members кто (who) arrived with them and on the same grounds; in this case, the consent of adult family members to apply on their behalf is obtained (LFIP Art. 65/3).
• Application Within a Reasonable Time and Exemption from Penalties: No penal action shall be taken against those кто (who) apply for international protection to governorates पानी (on their own accord) within a reasonable time, provided they explain the valid reasons for their illegal entry or stay, for violating legal entry requirements to Turkey or for being in Turkey illegally (LFIP Art. 65/4).
• Application by Persons Deprived of Liberty: International protection applications by persons deprived of liberty (detained, arrested, etc.) are also immediately notified to the governorate, and this situation does not prevent other judicial/administrative proceedings (LFIP Art. 65/5).

2. Applicants with Special Needs (LFIP Art. 66-67)

• Unaccompanied Minors (LFIP Art. 66): The best interests of the child are paramount in applications by unaccompanied minors (children without a responsible adult). Provisions of the Child Protection Law are applied from the moment the application is received. Age assessment and appropriate accommodation are provided in coordination with the Ministry of Family and Social Services.
• Persons with Special Needs (LFIP Art. 67): Priority is given in international protection procedures to persons with special needs, such as victims of torture or sexual assault, persons with disabilities, the elderly, pregnant women, and single parents, and necessary treatment and support facilities are provided to these individuals.

3. Administrative Detention (An Exceptional Procedure) (LFIP Art. 68)

Applying for international protection is not, by itself, a reason for administrative detention. However, in exceptional cases specified in Article 68/2 of the LFIP (serious doubts about identity information, prevention of irregular entry at border gates, inability to determine essential elements of the application, threat to public order/security), applicants may be placed under administrative detention. The period of administrative detention cannot exceed 30 days, and an appeal against this decision can be made to a peace criminal judgeship.

4. Registration, Control, and Information (LFIP Art. 69-70)

• Registration (LFIP Art. 69): Applications are registered by governorates. The applicant is required to provide accurate identity information and submit any available documents. Personal data is compared for identity verification; if necessary, the applicant's statement is taken as a basis. Information such as reasons for application and travel routes is also recorded.
• Information and Interpretation (LFIP Art. 70): The applicant is informed about their rights and obligations during the process, appeal procedures, etc., at the time of registration. Interpretation services are provided for personal interviews if requested.

5. Obligation to Reside and Interview (LFIP Art. 71, 75)

• Obligation to Reside and Report (LFIP Art. 71): The applicant may be obliged to reside in a specific place (reception and accommodation center, designated province, etc.) and to report at certain intervals.
• Interview (LFIP Art. 75): To make an effective and fair decision, an individual interview is conducted with the applicant within 30 days from the registration date. The confidentiality of the interview is essential. Special circumstances of applicants with special needs are considered during their interviews. Interviews may be recorded аудио (audio) or visually.

6. Evaluation of the Application and Decision Stage

• Inadmissible Application (LFIP Art. 72): The application may be deemed inadmissible in cases such as repetition of the same application, a separate application after consenting to a joint application, or arrival from a first country of asylum or a safe third country.
• First Country of Asylum and Safe Third Country (LFIP Art. 73-74): These concepts come into play if the applicant was previously recognized as a refugee or could benefit from sufficient protection in another country.
• Accelerated Procedure (LFIP Art. 79): The application may be processed under an accelerated procedure if it is unfounded, misleading information is provided, documents are destroyed, etc.
• Decision (LFIP Art. 78): International protection applications are finalized by the Directorate General (or by governorates if authority is delegated) within six months at the latest from the registration date. The decision is made individually, considering the applicant's personal situation and conditions in the country of origin.

7. Appeal and Judicial Remedy Against the Decision (LFIP Art. 80)

An appeal against decisions (excluding administrative detention, inadmissible application, and accelerated procedure decisions) may be lodged with the International Protection Assessment Commission within 10 days. An appeal against inadmissible application (Art. 72) and accelerated procedure (Art. 79) decisions may be lodged with the competent administrative court within 15 days; and against other administrative decisions and actions, within 30 days. The concerned person is allowed to stay in the country until the appeal or judicial process is concluded.

8. Legal Aid and Counselling (LFIP Art. 81)

The applicant may be represented by a lawyer, at their own expense. Legal aid is provided according to the provisions of legal aid for those кто (who) cannot afford a lawyer in their applications before the judiciary. They can also receive counselling services from non-governmental organizations.

Conclusion and Legal Assistance:

The international protection application process in Turkey consists of complex and detailed steps. Professional legal assistance is crucial for the protection of your rights during this process, for the correct evaluation of your application, and for effectively appealing against possible adverse decisions.

As SKF VISION LAW, we provide expert legal consultancy and representation services to our clients at every stage of international protection applications (registration, interview, decision, appeal, and litigation processes). If you are in need of protection and are considering applying for international protection in Turkey, contact us to learn about your rights and manage your process correctly.