Legal Status and Rights of Stateless Persons in Turkey (LFIP Art. 50-51)

Introduction:

Statelessness is the condition of an individual кто (who) is not considered as a national by any state under the operation of its law. Stateless persons often face serious difficulties in accessing fundamental human rights, freedom of movement, and benefiting from education and health services. Turkey, in line with its international obligations and humanitarian approaches, has specifically regulated the legal status and rights of stateless persons with Law No. 6458 on Foreigners and International Protection (LFIP). This article will examine in detail how statelessness is determined in Turkey, the identity card provided to stateless persons, and the fundamental rights and safeguards these individuals possess, within the framework of Articles 50 and 51 of the LFIP.

1. What is Statelessness and How is it Defined in the LFIP?

According to Article 3/1/ş of the LFIP, a "stateless person" refers to a person кто (who) is not considered as a national by any State under the operation of its law and is considered a foreigner. This definition is consistent with the definition in the 1954 United Nations Convention relating to the Status of Stateless Persons. Statelessness can arise at birth (e.g., where parents cannot pass on their nationality to the child) or later in life (loss of nationality, state succession, etc.).

2. The Process of Determining Statelessness in Turkey (LFIP Art. 50/1, Regulation Art. 47-49)

Persons present in Turkey кто (who) claim to be stateless apply to governorates (Provincial Directorates of Migration Management) for the determination of their status (Regulation Art. 47).

• Application: Applications are made in person. Applications for minors are made by their legal representatives.
• Interview: After the completion of application and registration procedures, an interview is conducted with the applicant within fifteen days at the latest, except for compelling reasons (Regulation Art. 48). In the interview, matters such as the person's manner of entry into the country, previous nationality status, and the process of becoming stateless are investigated in detail.
• Evaluation and Decision: The report prepared as a result of the interview and other collected information and documents are sent to the Directorate General (Presidency of Migration Management) along with the opinion of the governorate. The determination of statelessness is made by the Directorate General (LFIP Art. 50/1). The Directorate General completes the determination process regarding whether the person is stateless or not within ninety days at the latest (Regulation Art. 49).
• Stateless Person Document from Another Country: Those кто (who) are treated as stateless persons by other countries (i.e., possess a stateless person document issued by another country) are not directly granted this right in Turkey; their status must be separately determined in Turkey (LFIP Art. 50/1 last sentence).

3. Stateless Person Identity Card (LFIP Art. 50/2)

Persons determined to be stateless are issued a "Stateless Person Identity Card," which is not subject to any fee and grants them the right to legally reside in Turkey.

• Validity Period: This card serves in lieu of a residence permit and is renewed by governorates every two years.
• Foreigner Identity Number: The Stateless Person Identity Card also includes a foreigner identity number.
• Aggregation of Residence Periods: Time spent in Turkey holding this card is taken into account in the aggregation of other residence permit durations (LFIP Art. 50/3).
• Loss of Validity: The Stateless Person Identity Card loses its validity if the person acquires the nationality of any country (LFIP Art. 50/4).

4. Rights and Safeguards Granted to Stateless Persons (LFIP Art. 51)

Persons holding a Stateless Person Identity Card benefit from certain rights and safeguards in Turkey:

• a) Right to Apply for a Residence Permit: They may apply to obtain one of the other residence permits in the LFIP (e.g., a long-term residence permit if they meet the conditions).
• b) Safeguard Against Deportation: They shall not be deported unless they pose a serious threat to public order or public security. This is one of the most important safeguards for stateless persons.
• c) Exemption from Reciprocity Requirement: They are exempt from the "reciprocity" requirement normally sought in procedures concerning foreigners. This facilitates access to many administrative procedures and rights.
• d) Work Permit: They are subject to the provisions of Law No. 4817 on Work Permits for Foreigners (or current relevant legislation) regarding work permits. This means they can legally work by obtaining a work permit.
• e) Travel Document: They can benefit from the provisions of Article 18 of Passport Law No. 5682. This means they can obtain a "Passport for Foreigners" (a travel document issued under the Law Amending the Law on Service Stamped Passports and the Passport Law), which provides stateless persons with the possibility of international travel.

5. Efforts to Prevent and Reduce Statelessness

Turkey is a party to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. These conventions impose obligations on states to prevent and reduce statelessness and to protect stateless persons. The regulations in the LFIP are also compatible with these international efforts.

Conclusion and Legal Assistance:

Statelessness is a complex legal situation that can lead to serious deprivation of rights for individuals. If you believe you are stateless in Turkey, or if you have a stateless relative, it is crucial to have accurate information about the statelessness determination process, obtaining a Stateless Person Identity Card, and the rights provided by this status, and to effectively follow the legal process. Professional legal assistance in case of administrative difficulties or rights violations during this process will ensure the protection of your rights.

As SKF VISION LAW, our team of expert lawyers provides comprehensive legal consultancy and representation services for statelessness determination applications, procedures related to the Stateless Person Identity Card, the rights of stateless persons, and other legal issues they may encounter. Contact us for assistance in determining your legal status and accessing your rights.