International Protection Decision: Definition, Conditions, and Implementation Principles
What is International Protection?
International protection includes refugee, conditional refugee, and subsidiary protection statuses, defined under the Law on Foreigners and International Protection. These statuses provide legal protection to individuals who flee their countries due to persecution or risk of serious harm.
Requirements and Process for International Protection Applications
Applications must be made personally by the foreigner to provincial directorates or the migration management offices. Applicants must accurately provide their identity information and submit any identity documents they possess.
During the process, administrative detention may be imposed in the following cases:
- If there is doubt about the accuracy of identity or nationality information,
- For those detained at border gates for unauthorized entry,
- If the basis of the application cannot be established without detention,
- If the applicant poses a serious threat to public order or safety.
Administrative detention should be the last resort and must be communicated to the applicant in writing, stating the reasons. The detention period is limited to 30 days, during which an appeal can be filed.
Application Stages and Registration Process
During the registration process, applicants must provide information on:
- Reasons for leaving their country and the basis of the application,
- Mode of entry into Turkey and the routes taken,
- Previous international protection applications or documents from other countries.
Inadmissible Applications
Applications are deemed inadmissible in the following cases:
- Resubmission of previously rejected applications without a different reason,
- Submission of duplicate applications without justification,
- Applications from first asylum countries or safe third countries.
Decisions on the acceptance or rejection of international protection applications are made by the provincial directorate or the Directorate General of Migration Management, following an interview with the foreigner.
Applications from Safe Third Countries
If the individual was physically present in a country providing effective access to international protection before arriving in Turkey, that country is considered a safe third country, making the application inadmissible.