Introduction

Turkey is home to one of the largest populations of refugees and asylum seekers in the world, with millions of individuals seeking protection within its borders. Governed by Law No. 6458 on Foreigners and International Protection and international agreements, Turkey has established a legal framework to provide protection and support to refugees and asylum seekers. This article explores the legal processes involved in obtaining refugee status and the rights available to asylum seekers in Turkey.

Definition of Refugee:

• Under Law No. 6458, a refugee is defined as someone who is outside their country of nationality or habitual residence and cannot return due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

• In addition to refugee status, Turkey provides temporary protection to individuals fleeing mass influx situations, such as Syrian nationals, under the Temporary Protection Regulation. This status grants access to certain rights and services but differs from full refugee status in some aspects.

Filing an Application:

• Asylum seekers must apply for international protection through the Directorate General of Migration Management (DGMM). The application must be submitted in person, and the applicant must provide identification and any supporting documentation to prove their case.

• After submitting the application, the asylum seeker will undergo an interview with migration authorities to determine whether they meet the criteria for refugee status or temporary protection. This process can take several weeks or months, depending on the complexity of the case.

• Asylum seekers have the right to legal representation throughout the application process. Several non-governmental organizations (NGOs) in Turkey offer free legal aid to help applicants navigate the process and ensure their rights are protected.

Right to Non-Refoulement:

• One of the core principles of international refugee law is non-refoulement, which prohibits the return of refugees to a country where their life or freedom would be at risk. Turkey upholds this principle, ensuring that refugees and asylum seekers are not forcibly returned to unsafe territories.

• Refugees and asylum seekers in Turkey have the right to access healthcare services. Those under temporary protection are entitled to free healthcare at public hospitals. Children of refugees and asylum seekers also have the right to attend public schools.

• After six months of receiving temporary protection status, refugees and asylum seekers can apply for a work permit. This allows them to legally work in various sectors, though there are restrictions in certain industries.

• Turkey provides limited social assistance to refugees and asylum seekers, including financial aid through programs such as the Emergency Social Safety Net (ESSN). NGOs also play a significant role in providing additional support for housing, food, and basic needs.

Lengthy Application Processing Times:

• The asylum application process can be lengthy, leaving applicants in legal limbo for extended periods. This uncertainty can affect access to work, housing, and other basic services.

• Many refugees and asylum seekers face language barriers when accessing services and navigating the legal system. While translation services are available, they are often limited.

• Social integration remains a challenge for many refugees, particularly in areas like employment and education. Despite having legal rights, refugees often face discrimination or difficulties finding stable jobs or housing.

Improved Digital Systems:

• In 2024, Turkey introduced new digital systems to streamline the asylum application process, reducing wait times and improving transparency. This system allows applicants to track their case status online.

• New partnerships between the Turkish government and international organizations have increased support for refugees, particularly in healthcare and education. NGOs now have more resources to assist vulnerable populations.

Turkey provides extensive legal protections for refugees and asylum seekers, granting access to healthcare, education, and work opportunities. While the process of seeking asylum can be lengthy and challenging, recent developments have improved the efficiency and accessibility of the system. Understanding the legal processes and available support is crucial for refugees navigating life in Turkey.