International Protection Statuses in Turkey: Refugee, Conditional Refugee, and Subsidiary Protection (LFIP Art. 61-63)

Introduction:

International protection is a safeguard provided under international law and national legislation to individuals who fear persecution or are at risk of serious harm in their country of origin or habitual residence. Turkey, due to its geographical location, has been a significant country of asylum and has comprehensively regulated its international protection system with Law No. 6458 on Foreigners and International Protection (LFIP). In line with the 1951 Geneva Convention ("Convention Relating to the Status of Refugees"), but maintaining the "geographical limitation" principle, the LFIP defines three main international protection statuses: Refugee, Conditional Refugee, and Subsidiary Protection. This article will examine in detail what these three protection statuses mean, to whom they are granted, and the main differences between them, within the framework of Articles 61, 62, and 63 of the LFIP.

1. Refugee Status (LFIP Art. 61)

According to Article 61 of the LFIP, refugee status is granted to foreigners who meet the following conditions:

• Country of Origin: Due to events occurring in European countries;
• Fear of Persecution: A foreigner кто (who), owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country;
• Or Stateless Persons: Or кто (who), not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it;
• Following Status Determination Procedures: This status is recognized following individual assessment and status determination procedures.

Important Note: As Turkey is a party to the 1951 Geneva Convention with a "geographical limitation," refugee status is only granted to persons originating from European countries.

2. Conditional Refugee Status (LFIP Art. 62)

According to Article 62 of the LFIP, conditional refugee status is granted to foreigners who meet the following conditions:

• Country of Origin: Due to events occurring outside European countries;
• Fear of Persecution: A foreigner кто (who), owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion (as defined for refugees in LFIP Art. 61), is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country;
• Or Stateless Persons: Or кто (who), not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it;
• Following Status Determination Procedures: This status is recognized following individual assessment and status determination procedures.
• Temporary Nature: Conditional refugees are allowed to reside in Turkey until they are resettled in a third country. This indicates the temporary nature of the status and that the ultimate solution is generally resettlement in a third safe country.

3. Subsidiary Protection Status (LFIP Art. 63)

According to Article 63 of the LFIP, subsidiary protection status is granted to a foreigner or a stateless person кто (who) does not qualify as a refugee or a conditional refugee but would face one of the following serious harm risks if returned to their country of origin or habitual residence:

• a) Death Penalty or Execution: Will be sentenced to death or the death penalty will be executed,
• b) Torture or Inhuman Treatment: Will be subjected to torture, inhuman or degrading treatment or punishment,
• c) Serious Threat (Armed Conflict): Will face a serious and individual threat to their life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

If such a person is unable to or, owing to such threat, is unwilling to avail himself of the protection of their country of origin or habitual residence, subsidiary protection status is granted following status determination procedures.

4. Exclusion from International Protection (LFIP Art. 64)

In some cases, even individuals кто (who) fall within the definition of international protection may be excluded from protection coverage for reasons stated in Article 64 of the LFIP. These include:

• Those receiving assistance from a UN agency other than the UN High Commissioner for Refugees (UNHCR),
• Those who have the rights and obligations attached to the possession of the nationality of their country of residence,
• Those for whom there are serious reasons for considering that they have committed serious crimes (crimes against peace, war crimes, crimes against humanity),
• Those considered to have committed cruel acts before arriving in Turkey,
• Those кто (who) constitute a danger to public order or public security, or кто (who) have committed a crime punishable by imprisonment in Turkey (additional exclusion ground for subsidiary protection).

5. Main Differences and Rights Provided by the Statuses

• Refugees: Enjoy the most comprehensive rights, and permanent solutions (including local integration) are generally aimed for.
• Conditional Refugees: Benefit from fundamental rights, but the ultimate solution is resettlement to a third country. Their stay in Turkey continues until this solution is found.
• Beneficiaries of Subsidiary Protection: Benefit from fundamental rights and have the guarantee of non-refoulement. Their status may end if the risk of serious harm ceases to exist.

Holders of all three statuses are subject to the rights and obligations (access to education, health, work permit, etc.) specified in the LFIP. However, there may be differences in the scope and application of these rights.

Conclusion and Legal Assistance:

International protection statuses are a vital safeguard for individuals fleeing persecution or at risk of serious harm. Determining which status you are eligible for, the application process, and the rights provided by these statuses require complex legal assessments. It is extremely important to seek professional legal assistance to ensure your application is correctly filed, you can effectively express yourself in interviews, and you can pursue your rights against possible adverse decisions.

As SKF VISION LAW, our team of expert lawyers provides comprehensive legal consultancy and representation services for international protection applications (refugee, conditional refugee, subsidiary protection), status determination processes, preparation for interviews, appeals against exclusion decisions, and the rights of international protection beneficiaries. If you are in need of protection, contact us to learn about your rights and take the correct steps.