How to Apply for International Protection in Türkiye? Refugee, Conditional Refugee and Subsidiary Protection: Rights, Obligations and Appeal Guide (2026)

Method of review: The legislation in force, the current official statements of the Presidency of Migration Management, the accessible decisions of the Constitutional Court and the European Court of Human Rights, and the academic literature have been assessed together.

Time-limit warning: The time limit for an action against a deportation decision is seven days from service of the decision. For inadmissible applications and decisions following accelerated examination, the special time limit for an action is fifteen days. For ordinary international protection decisions, depending on the type of decision, the route is either an administrative objection within ten days or an action within thirty days. Time limits should not be calculated without seeing the notification document.

What does this guide cover?

This guide addresses, together:

• The distinction between international protection and temporary protection,
• The conditions for refugee, conditional refugee and subsidiary protection,
• Where and how the application is made,
• The stages of registration, biometrics, address and interview,
• How evidence and country-of-origin information are prepared,
• Examination of the application under the ordinary, accelerated or inadmissible procedure,
• Withdrawal, deemed withdrawal, exclusion, cessation of status and revocation,
• The rights to identity, work, health, education, social assistance and family reunification,
• The deportation decision and the seven-day time limit for an action,
• The objection before the criminal judgeship of peace to administrative detention in a removal centre,
• Verification of the validity of a voluntary return document,
• The limits of an individual application to the Constitutional Court and of an interim measure from the European Court of Human Rights.

What are the legal foundations of international protection?

The protection system in Türkiye does not rest on a single text. The principal sources are:

• The 1951 Geneva Convention relating to the Status of Refugees,
• The 1967 Protocol relating to the Status of Refugees,
• The European Convention on Human Rights (AİHS), in particular the right to life, the prohibition of ill-treatment, the right to liberty and security, the right to family life and the guarantees of an effective remedy,
• Law No. 6458 on Foreigners and International Protection (YUKK),
• The Regulation on the Implementation of the Law on Foreigners and International Protection,
• The Temporary Protection Regulation (Geçici Koruma Yönetmeliği),
• Law No. 6735 on International Labour Force and the related work regulations,
• Law No. 2577 on Administrative Procedure,
• Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court, together with the Rules of Procedure of the Constitutional Court.

What does Türkiye's geographical limitation mean?

Türkiye applies the 1951 Geneva Convention within the geographical scope option in Article 1(B) of the Convention. This legal position is wrongly described in some publications as a simple "reservation" placed under Article 42 of the Convention. Technically, the basis to be applied is Türkiye's geographical declaration on the scope of the Convention.

Under the YUKK, "European countries" means the member states of the Council of Europe and such other countries as the President determines to be European countries. For this reason, the distinction between refugee and conditional refugee is made not merely by looking at the person's nationality, but by examining together the geography where the events causing the fear of persecution took place and the definition in the law.

Which international protection statuses exist in Türkiye?

Who is granted refugee status?

Owing to events occurring in European countries, a person who, being outside their country, fears with well-founded reasons being persecuted on account of:

• Race,
• Religion,
• Nationality,
• Membership of a particular social group, or
• Political opinion

and who is unable, or because of that fear unwilling, to avail themselves of the protection of that country, may be granted refugee status, without prejudice to the exclusion provisions.

Persecution is not limited to a criminal investigation or physical attack. The cumulative effect of discriminatory and serious deprivations of rights, serious threats emanating from non-State actors that the State cannot prevent, gender-based violence, and severe pressure targeting a person because of sexual orientation or gender identity may also be assessed according to the circumstances of the case.

Who is granted conditional refugee status?

Where the same grounds of persecution in the definition of refugee are based on events occurring outside European countries, the person may be entitled to conditional refugee status.

The phrase "permitted to remain in Türkiye until resettlement in a third country" does not mean that the person will certainly be sent to another country on a particular date. Resettlement in a third country:

• Is not an automatic process for every conditional refugee,
• Does not create a right to go to a country chosen by the applicant,
• Is not a legal remedy whose conclusion within a specified period is guaranteed,
• Is a separate process in which acceptance is given by the competent authorities of the third country.

Who is granted subsidiary protection status?

A person who is not regarded as a refugee or conditional refugee, but who, if sent to their country, would:

• Face the death penalty, or the death sentence imposed on them would be carried out,
• Be subjected to torture, or to inhuman or degrading treatment or punishment, or
• Face a serious personal threat from indiscriminate violence in an international or countrywide armed conflict,

may be granted subsidiary protection status.

Subsidiary protection does not rest on an abstract statement that the country is generally dangerous. A file-specific link must be established between the general conditions and the applicant's personal situation, the region where they live, their identity, state of health, family, background and return route.

Who may be excluded from international protection?

Exclusion under Article 64 of the YUKK differs from the application being inadmissible. Exclusion means that, although the person's need for protection is discussed, the person is kept outside the status because of certain serious acts or because they can benefit from another form of protection.

The principal situations can be summarised as follows:

• Currently receiving protection or assistance from a UN body or organisation other than the Office of the United Nations High Commissioner for Refugees,
• Being regarded by the authorities of the country of residence as having the rights and obligations of that country's nationals,
• A serious conviction that a crime against peace, a war crime or a crime against humanity has been committed,
• The commission outside Türkiye of a serious non-political crime,
• Responsibility for acts contrary to the purposes and principles of the United Nations.

An exclusion decision does not mean that the person can under no circumstances benefit from the guarantees in Article 4 of the YUKK and Article 3 of the European Convention on Human Rights. Status and the review of non-refoulement are different legal questions. Even where a person is excluded from status, if there is a real risk of ill-treatment in the place to which they would be sent, the removal must be assessed separately.

What is the difference between temporary protection and international protection?

Temporary protection is not a short-term form of refugee, conditional refugee or subsidiary protection status. It is a separate administrative regime providing collective and urgent protection in the face of mass influx.

As long as temporary protection continues, the rule is that individual international protection applications of persons within its scope are not processed. However, the possibility that a person falls outside the scope of temporary protection, is removed from its scope, or undergoes a change of nationality or personal situation must be examined separately in each file.

Where and how is an application for international protection made?

Must the application be made in person?

The application is, as a rule, made in person at the Provincial Directorate of Migration Management attached to the governorate. An initial request for protection cannot be submitted on behalf of the person by a lawyer or legal representative. However, the applicant:

• May obtain legal assistance in preparing the application,
• May present documents and legal opinions through a proxy at the interview and in the administrative file,
• May be represented by a lawyer in the administrative objection and action stages after a rejection,
• May benefit from the legal aid service of the bar association, if the conditions are met, where they cannot pay lawyer's fees.

Where a person cannot go in person to the directorate because of ill health or a serious disability, the application may need to be taken at the place where the person is. This exception requires the disability to be shown by a medical report and other documents.

Can an application be made at a border gate or in front of law enforcement?

Yes. An explicit request for protection made to a border gate or to a law enforcement authority must be notified immediately to the competent governorate. The conditions for entry into Türkiye, document checks and the rules on foreign nationals who are to be refused entry may not be applied in a way that prevents an application for international protection. For the process and documents, the article Refusal of Entry at an Airport in Türkiye: INAD Passenger Decision and Routes of Application may also be reviewed.

Statements such as "do not send me back", "if I return to my country I will be killed" or "I am requesting asylum" may indicate, depending on the circumstances, that a protection request has been made. The words used in the record, as well as whether an interpreter was present and whether the person's will was accurately recorded, are important.

Is there a fixed time limit for applying?

The YUKK does not lay down a fixed time limit for an application. However, a person must apply to the competent authority within a reasonable time in order to explain the reasons for illegal entry or illegal stay and to avoid penalties.

The consequence in Article 65(4) of the YUKK is that "no criminal proceedings are carried out". The provision should not be extended to mean that every administrative consequence automatically disappears. The duration and reason for the delay should be explained by facts such as trauma, illness, age, lack of information, abduction, human trafficking, detention in a closed place, or the practical inability to reach the competent authority.

Which documents should be prepared when applying?

The absence of a passport or official identity document does not by itself prevent an application. The applicant must submit all the genuine documents in their possession and must not try to produce or alter a document that does not exist.

Identity and family documents

• Passport, identity card, birth record and population document,
• Marriage, divorce, custody, death and parentage documents,
• Military service, education and professional documents,
• Identity and address details of family members.

Documents showing persecution or serious risk of harm

• Arrest, investigation, court or sentence enforcement documents,
• Threat messages, call records and electronic correspondence,
• Records of political, religious, professional or social activity,
• Hospital reports, wounds and findings of torture,
• Applications to the police, prosecutor or human rights organisations,
• Photographs, video, news, social media account and broadcast records,
• Identity and contact details of witnesses.

Vulnerability and family ties in Türkiye

• Health, pregnancy, disability and psychological treatment documents,
• Educational and health records of children,
• Population and residence documents concerning a spouse, child or relatives in Türkiye,
• Applications concerning human trafficking, domestic violence or sexual violence,
• Social inquiry records helpful for the assessment of special needs.

Evidence security: False, altered or unexplained documents may seriously damage the reliability of the file. Digital records should preserve the date, sender, recipient, URL and technical metadata; the personal data of third parties should be masked to the extent necessary. Records obtained unlawfully, for example by entering another person's account or breaking a device password, may also create criminal and personal data liability.

How is the registration process carried out?

Registration establishes the applicant's identity, family members, manner of entry into the country, the basic reasons for the protection request and any special needs. Photographs and biometric data are taken; an exception to fingerprinting applies for children under seven. A separate record is created for the applicant and for family members included in the application.

Before the registration form is signed:

• The information must be read to the applicant in a language they understand,
• Incorrect names, dates of birth, citizenship or family ties must be corrected,
• If the grounds for protection are recorded incompletely, a request should be made for them to be added,
• Any problem with interpretation must be recorded in the minutes.

The applicant may request an interpreter of the same sex as themselves. This request is particularly important, for the safe recounting of the application, in cases of sexual violence, domestic violence, sexual orientation, gender identity or human trafficking.

Why are address registration and signing obligations important?

After registration, the address must be entered in the Address Registration System within the period notified. Because official notifications will be sent to this address, failure to notify a change of address in time may result in:

• A missed invitation to interview,
• The adverse decision not being learned of,
• The time limit for an action lapsing,
• The application being deemed withdrawn.

Where a signing or notification obligation cannot be complied with for reasons of health, hospital admission, transport difficulty or another justified reason, an excuse must be submitted to the Provincial Directorate of Migration Management in writing and with documents as soon as possible. A breach of the obligation should not be described in itself as an "automatic deportation". First, the question arises whether the application is deemed withdrawn or an adverse status decision is taken; then whether the person has any other right to remain, and the assessment under Article 54(1)(i) of the YUKK follows.

How long is the identity document for an international protection applicant valid?

For a person who has completed registration, and for family members included in the application, a one-year International Protection Applicant Identity Document containing a foreign identification number is issued. If the application has not been concluded, the document is renewed in one-year periods.

Persons who have been granted refugee, conditional refugee or subsidiary protection status are issued an International Protection Status Holder Identity Document valid for three years from the date of the decision. Unless the status ends or is revoked, the document is renewed in three-year periods.

These documents are not subject to fees and take the place of a residence permit. By contrast, the Temporary Protection Identity Document is not a residence permit and does not take the place of one.

How is the interview conducted and why is it decisive?

The status determination interview is the core procedure in which the applicant can explain their personal account. Registration and interview do not have the same purpose: registration creates the identity and basic application data, while the interview is directed at the substantive assessment of the protection conditions.

The following topics are generally examined in the interview:

• The person's identity and life history,
• When and why they left their country,
• The person or body that persecuted or threatened them,
• Why they could not seek state protection, or why protection was ineffective,
• The possibility of settling safely in another region within the country,
• The route to Türkiye and any stay in third countries,
• The reason for any delay in applying,
• The consistency between documents and account,
• The current risk that would arise on return.

Does a contradictory statement always lead to refusal?

No. The subject, weight and explanation of the contradiction must be examined. Trauma, age, interpretation, education level, cultural perception, difficulty in remembering dates and the long time that has passed since events should be taken into account in the assessment. By contrast, statements about the central facts of the events that cannot be explained and that change constantly may adversely affect the assessment of credibility.

The applicant should correct any points that have been misunderstood or incompletely recorded as far as possible during the interview; significant new facts arising after the interview should be submitted to the file in writing.

How is a country-of-origin information file prepared?

Country-of-origin information should not consist solely of general news reports. An effective file brings three layers together:

• Personal facts: the applicant's identity, background, activities and threats,
• Country or regional conditions: current data on security, human rights, the judiciary and State protection,
• Link: why the general risk specifically affects this person.

Sources must be current, dated and reliable. United Nations documents, international human rights mechanisms, official country reports, reliable civil society reports and serious journalistic sources may be used together. The date of the source, the region it covers, its method and its connection with the applicant's events should be stated clearly.

What outcomes can an application have?

An application file does not end only with "acceptance" or "rejection". The principal possibilities are as follows:

What is an inadmissible application?

An inadmissible application is regulated in Article 72 of the YUKK. It should not be confused with exclusion under Article 64 of the YUKK.

The principal situations of inadmissibility can be summarised as follows:

• Repeating an earlier application without presenting new elements that would require the earlier application to be reopened,
• After giving consent to an application made on behalf of an adult family member, not presenting new elements in a separate application,
• Arriving from a country of first asylum,
• Arriving from a safe third country.

The assessment of "first country of asylum" and "safe third country" cannot rest solely on the fact that the person transited through a country. Effective access to protection in that country, the possibility of readmission, the guarantee against refoulement, living conditions and the person-specific risks must be made concrete.

What is accelerated examination?

Accelerated examination under Article 79 of the YUKK does not mean that the application is not examined at all. In the cases listed in the law, the file is examined in a shorter time and under a special procedure. Circumstances such as the bad-faith destruction of an identity document, an application made only to delay removal, serious defects in statements and documents that gravely undermine reliability, or reasons of public order and public security may arise.

Even under the accelerated procedure:

• A personal interview,
• An interpreter,
• Consideration of special needs,
• Individual assessment of the risk of refoulement,
• A reasoned decision and the right to an effective remedy

do not disappear.

How should a rejection decision be challenged?

A time limit should not be calculated until it has been determined which article the decision is based on.

Important: The start of the time limit should be examined according to the regularity of the notification, the date on which the decision was notified to the foreign national, the legal representative or the lawyer, and the remedy indicated in the decision. It is not safe to calculate a definitive time limit merely on the basis of an SMS, an oral notification or a screen on e-Government.

Are an administrative objection and an action brought together?

In the case of ordinary international protection decisions, except for the exceptions of inadmissible applications and accelerated examination, the person may object to the International Protection Evaluation Commission within ten days or go directly to the administrative court within thirty days. Where the administrative objection has been chosen, the commission's decision and the notification of that decision are assessed separately for the purposes of the time limit for an action.

In a decision that an application has been deemed withdrawn, because the guarantee of stay in Türkiye is regulated differently from other adverse decisions, the file should be examined without delay.

What should the petition in an action contain?

An effective action for annulment should not consist solely of the statement "I do not want to return to my country". The petition should set out concretely:

• The date, number and date of notification of the act subject to the action,
• The article of the YUKK on which the decision is based,
• The applicant's personal narrative,
• Documents that the administration did not assess,
• Translation and interview errors,
• Current country-of-origin information,
• The specific error in the administration's credibility assessment,
• Special needs, health and family ties,
• The principle of non-refoulement,
• The unlawfulness of the decision with regard to reasoning, proportionality and individualisation,
• A request for the file and the interview record to be obtained from the administration.

What are the rights of persons applying for international protection and holders of status?

Identity and lawful stay

Persons holding refugee, conditional refugee, subsidiary protection or humanitarian residence permits, and persons under temporary protection, have not been granted a right to transfer to a long-term residence permit. For this reason, remaining in Türkiye for many years does not by itself convert into a long-term residence permit.

Right to work

• Applicant and conditional refugee may apply for a work permit six months after the date of the application for international protection.
• Refugee and subsidiary protection holder may work as an employee or on their own account from the time they obtain status; the status identity takes the place of a work permit. Closed occupations for foreign nationals and statutory restrictions remain in force.
• Access of refugees and subsidiary protection holders to the labour market may be restricted by reference to particular sectors, occupations or geographical areas. The special exceptions in the law are considered for persons who have resided in Türkiye for three years, or who are married to a Turkish citizen, or who have a Turkish citizen child.
• A person under temporary protection may be assessed under the special work permit or work permit exemption regime six months after the date of registration. Identity alone is not a general work permit; the form of application, the province, the sector, quotas and the conditions of the employer must be checked.

Actual work without a work permit may give rise to administrative sanctions and to an assessment of removal, both for the worker and for the employer. However, wages, work accidents and basic labour rights in the concrete case should be separately examined from the perspective of employment law.

Right to health

Persons who have no other health coverage and no ability to pay, and who are applicants for international protection or holders of status, are brought within the general health insurance scheme for one year from the date of registration of the application for international protection.

The one-year limit may be subject to an exception in respect of:

• Persons with special needs, and
• Persons for whom the Ministry considers continuation of the insurance registration appropriate.

If it is later found that the person has the ability to pay, has other health coverage, or that the application was made solely for medical treatment, the insurance may be terminated and the expenses may be claimed back. An adverse administrative decision on the application also affects the general health insurance registration.

Health services for persons under temporary protection are subject to the special provisions of the Temporary Protection Regulation; the GSS rule of international protection does not apply automatically to this group.

Right to education

Applicants, status holders and family members may access primary and secondary education services with their identity documents. Persons under temporary protection may also benefit from education services with their temporary protection identity documents.

This access should not be generalised as "in all circumstances, exactly the same education rights as a Turkish citizen". Registration province, equivalence, school capacity, conditions for admission to higher education, fees and scholarship arrangements apply separately according to the level of education.

Social assistance and services

Applicants and status holders found to be in need, and persons under temporary protection, may apply to the Social Assistance and Solidarity Foundations and the relevant social service mechanisms, if the conditions are met. Assistance is not automatic, is not indefinite, and is not an absolute acquired right; the need and the programme conditions are the basis.

Family reunification

Refugees and holders of subsidiary protection may act as sponsors within the family residence permit under Article 34 of the YUKK, for their foreign spouses and for their own or their spouses' minor or dependent foreign children. An assessment under Article 35(4) of the YUKK may be made for the non-application of some of the conditions required of a sponsor.

A conditional refugee is not expressly listed among the persons regarded as sponsors in the family residence permit. However, in the concrete case, family life, the best interests of the child, humanitarian residence permit, other types of residence permit and the guarantees of Article 20 of the Constitution and Article 8 of the European Convention on Human Rights should be examined together.

Travel and change of province

For refugees, a travel document may be assessed under the Geneva Convention. For conditional refugees and subsidiary protection holders, an assessment may be made of a stamped passport for foreign nationals under Article 18 of the Passport Law (Pasaport Kanunu).

Leaving the registered province without permission, or failing to follow the procedure for changing residence province, may give rise to a breach of obligation. Where a change of province is requested for reasons of family reunification, health, education, work or security, the request must be submitted with written documents.

What are the obligations of applicants and status holders?

Applicants and status holders must:

• Report changes in their work situation within thirty days,
• Report income, movable and immovable property information within thirty days,
• Report changes of address, identity and marital status within twenty working days,
• Comply with invitations and notifications from the administration in accordance with the regulations,
• Comply with signing obligations and obligations to reside in a particular province or address,
• Provide accurate information and cooperate.

Persons who fail to comply with these obligations, or who have been given an adverse decision, may be subject to restrictions on benefiting from rights other than education and basic health rights. The law does not provide that all social, administrative and economic rights automatically and definitively "cease completely" as a result. The basis, scope, duration, proportionality and special needs of any restriction must be controlled in the concrete case.

When does international protection status end or get revoked?

Cessation of status

Cessation of status concerns situations in which the person no longer needs protection or the protection link has changed legally. For example, the following may arise:

• Voluntary renewed use of the protection of the country of nationality,
• Voluntary recovery of a lost nationality,
• Acquisition of a new nationality and enjoyment of the protection of that country,
• Voluntary re-establishment in the country that the person left,
• Cessation of the circumstances that gave rise to the status.

A claim that circumstances have changed should not rest solely on a temporary or superficial improvement; it should be examined whether the change is significant, lasting and of a nature that genuinely removes the person's risk.

Revocation of status

Revocation of status may arise in situations such as:

• Use of a fake document,
• Provision of false or misleading information,
• Concealment of a fact affecting the decision,
• Later discovery of a ground for exclusion after the status was granted.

Cessation and revocation are not the same. Each procedure must be specific to the person, reasoned and open to judicial review. The cessation or revocation of status requires separate examination of whether the person has a right to remain in Türkiye under other provisions of the YUKK, and of the guarantee against refoulement.

In what circumstances may a deportation decision be made?

Grounds for deportation are listed in Article 54 of the YUKK. The principal grounds can be summarised as follows:

• Connection with terrorist or profit-oriented criminal organisations,
• A threat to public order, public security or public health,
• False documents or untrue information in entry, visa or residence procedures,
• Unlawful means of livelihood,
• Breach of visa or residence period,
• Working without a work permit,
• Breach of the legal entry and exit provisions,
• Coming to the country despite an entry ban,
• No other right to remain following a negative outcome of the international protection application or status.

A person whose application for international protection has been rejected is not automatically deported on the same day. Whether the negative decision has become final, whether the person has another right to remain in Türkiye, the exceptions in Article 55 of the YUKK and the principle of non-refoulement must be assessed separately.

Who may not be the subject of a deportation decision?

Under Article 55 of the YUKK, even where a person falls within Article 54, no deportation decision may be made against:

• A person for whom there is serious evidence of a risk of the death penalty, torture, or inhuman or degrading treatment in the country to which they would be sent,
• A person whose travel would be risky because of a serious health problem, age or pregnancy,
• A person for whom treatment for a life-threatening illness is in progress and no treatment is available in the country to which they would be sent,
• A victim of human trafficking receiving support as a victim,
• A victim of psychological, physical or sexual violence until treatment is completed.

The assessment must be made separately for each person. A health or violence-victim situation affecting one member of a family may also require a proportionality assessment in relation to the other family members and to family unity.

How is an action brought against a deportation decision?

Under the current Article 53(3) of the YUKK, as amended by Law No. 7533:

• The time limit for an action is seven days from notification of the decision.
• The action is brought before the administrative court.
• The person who brings the action must also notify the authority that issued the deportation decision of their application.
• The file is deemed ripe for decision once the defence has been submitted or the defence period has expired.
• Whether a hearing is held is at the discretion of the court.
• The application is concluded within fifteen days from the file becoming ripe for decision or from completion of the necessary interlocutory decision or hearing.
• The decision of the administrative court is final; there is no appeal to the Regional Administrative Court.
• Unless the foreign national consents, within the time limit for bringing the action and, if an action has been brought, until the proceedings are concluded, the deportation procedure may not be applied by operation of law.

This protection is not the classical stay of execution decision under Article 27 of the Law No. 2577 on Administrative Procedure. It is a special suspensive effect arising directly from the law. Nevertheless, the governorate or the Provincial Directorate of Migration Management that issued the decision must be notified immediately and in a provable manner that an action has been brought.

For the calculation of the time limit for an action, see Objecting to a Deportation Decision: Service, the Seven-Day Filing Period and Suspension of Enforcement; for the general framework of a deportation decision, see our article Deportation Decision.

What is an invitation to leave Türkiye?

A period of not less than fifteen and not more than thirty days may be granted to the person against whom a deportation decision has been made to leave Türkiye voluntarily, provided this is stated in the decision. This period may not be granted where there are circumstances such as a risk of flight or disappearance, a breach of legal entry or exit, a fake document, an unfounded attempt to reside with a document, or a threat to public order, public security or public health.

A right to leave voluntarily and the right to bring an action against a deportation decision are different matters. Granting a departure period does not automatically extend the seven-day time limit for an action.

What is administrative detention and how is release from the removal centre requested?

Administrative detention for the purpose of deportation is the holding in a removal centre of a foreign national against whom a deportation decision has been made and in whose case one of the risks in Article 57 of the YUKK has been identified. The principal criteria are the risk of flight or disappearance, a breach of entry or exit rules, a fake document, failure to leave within the departure period granted, and a threat to public order, public security or public health.

For persons whose relatives are in the centre, see our article I Have Relatives in the Removal Centre.

How long does administrative detention last?

The period in a removal centre may, as a rule, not exceed six months. If the deportation process cannot be completed because the foreign national does not cooperate or does not provide accurate information and documents about their country, it may be extended by up to a further six months.

The provincial governorate must assess each month whether there is a need for the continuation of administrative detention; where necessary it must end the detention without waiting for thirty days.

How is an application made to the criminal judgeship of peace?

The foreign national, their legal representative or lawyer may apply to the criminal judgeship of peace against:

• The first administrative detention decision,
• An extension of the period,
• The outcome of the monthly assessment,
• Whenever circumstances change.

The application does not by itself stop the detention. The judgeship must conclude its examination within five days, and its decision is final. A new application may be made on the ground that circumstances have changed or ceased.

A person who cannot afford a lawyer's fees may, on request, seek legal aid under the Attorneyship Law (Avukatlık Kanunu).

For drafting an objection petition, our article Objection to a Decision on Administrative Detention may also be reviewed.

Is administrative detention of an applicant for international protection different?

The mere fact that a person has applied for international protection is not a ground for administrative detention. Article 68 of the YUKK contains a separate regime of administrative detention for applicants, based on limited grounds, and the period may not exceed thirty days. Serious doubt about identity or citizenship information, determination of the conditions of entry into the country, the impossibility of determining the basis of the application without administrative detention, or a serious danger to public order or public security must be substantiated.

What are the alternative obligations to administrative detention?

Under Article 57/A of the YUKK, the following alternatives may be applied:

• Residence at a specified address,
• Reporting,
• Family-based return,
• Return counselling,
• Voluntary service in public-benefit services,
• Guarantee,
• Electronic monitoring.

The period of the alternative obligations may not exceed twenty-four months. The suitability of the measure for the person must be explained with fixed address, family ties, health, the situation of children and other documents that reduce the risk of flight.

What happens if a voluntary return form is signed?

Voluntary return must be based on the person's clear, current and informed will. Where there is pressure, incorrect information, lack of translation, no access to a lawyer, or the person does not know the content of the document they have signed, genuine voluntariness cannot be spoken of. On this subject, the article Voluntary Return Form: Valid Consent, Objection and V-87 Record may also be helpful.

The examination should particularly consider:

• The language in which the form was explained,
• The identity and signature of the interpreter,
• Access to a lawyer or independent observer,
• Whether a copy of the form was given to the person,
• The time between signing and the deportation procedure,
• Whether the risk in the country of return was assessed individually,
• Whether the person had any opportunity to withdraw or reconsider.

The European Court of Human Rights' judgment in Akkad v. Türkiye shows that a signature on a pre-printed voluntary return form cannot by itself be accepted as proof of a conscious and free waiver; in particular, rapid removal carried out without operating the independent procedural safeguards of a lawyer, an interpreter and the rest may have serious consequences under Articles 3, 13 and 5 of the European Convention on Human Rights.

Can an individual application to the Constitutional Court automatically stop deportation?

No. An individual application to the Constitutional Court does not, in every case, have an automatically suspensive effect merely because it is made. It must be made within thirty days from the date on which the internal remedies have been exhausted and the final decision has been learned of.

Where the deportation procedure is being carried out and there is a serious and irreparable danger to life or to material and moral integrity, an interim measure may be requested under Article 73 of the Rules of Procedure of the Constitutional Court. The measure:

• Is not an ordinary remedy,
• Is not granted in every application,
• Requires the risk to be shown as current, personal, serious and documented,
• Takes effect only when the Constitutional Court separately decides on it.

Because a decision of the administrative court under Article 53 of the YUKK is final, the exhaustion of the ordinary remedy that must be used before an application to the Constitutional Court will in most cases be completed by the administrative court's decision. However, the procedural history of the specific application should also be examined separately.

When does an interim measure under Rule 39 of the ECtHR Rules of Court arise?

An interim measure of the European Court of Human Rights arises in exceptional files where there is a close and irreversible danger in respect of life or ill-treatment. It is not a second appeal route used as a routine alternative to an interim measure of the Constitutional Court.

The application should fully and accurately set out:

• Whether domestic remedies have been exhausted,
• The imminent date of the deportation procedure,
• The destination country and route,
• Personal risk documents,
• The national authorities' decisions,
• The application to the Constitutional Court and its outcome.

Which principles are shown by verified judicial decisions?

ECtHR, Jabari v. Türkiye, application no. 40035/98, 11.07.2000

The Court assessed violations of Articles 3 and 13 of the European Convention on Human Rights in the context of the asylum claim not being examined effectively solely because of a strict procedural time limit, and the absence of an effective remedy with suspensive effect against the deportation procedure.

Current effect: Although the delay in the application retains its importance, a claim of protection cannot be rejected solely on the ground of a formal time limit without examining the real risk.

What the judgment does not prove: It does not establish that every delay is excused, or that every applicant is entitled to status.

ECtHR, Abdolkhani and Karimnia v. Türkiye, application no. 30471/08, 22.09.2009

The judgment is fundamental as regards the risk of return to a country where there is a risk of ill-treatment, the absence of an effective remedy, and the legal safeguards for deprivation of liberty in the context of migration.

Current effect: The risk claim must be examined independently, currently and individually; administrative detention must have a clear legal basis and be subject to judicial review.

What the judgment does not prove: It does not show that a previous UNHCR assessment binds the Turkish authorities automatically in every file.

Constitutional Court, Abdulkadir Yapuquan [GC], application no. 2016/35009, 02.05.2019

The decision explains the requirements of a legal basis, notification and effective judicial review of administrative detention for the right to liberty and security.

Current effect: Actual detention, whatever it is called, is subject to review under Article 19 of the Constitution where the person is prevented from leaving freely.

Constitutional Court, Y.T. [GC], application no. 2016/22418, 30.05.2019

The decision established that where there is a deportation procedure in face of a risk of ill-treatment in the country of destination, the effective remedy must not be merely theoretical but must be capable of stopping the deportation procedure until the examination is completed.

Current effect: Following later legislative amendments, the time limit for an action and the guarantee against deportation while the action is pending have been specifically regulated in Article 53 of the YUKK.

ECtHR, G.B. and Others v. Türkiye, application no. 4633/15, 17.10.2019

The judgment examines the conditions of detention of mothers and young children in migration custody and the necessity of taking account of the particular vulnerability of children.

Current effect: The principles that the best interests of the child are of central importance and that detention must be a last resort have central importance in the assessment of alternative measures.

ECtHR, Akkad v. Türkiye, application no. 1557/19, 21.06.2022

The Court examined, from the standpoint of genuine consent, the risk of ill-treatment, effective remedy and safeguards of liberty, the removal of a person with a valid residence permit and temporary protection registration to Syria under the appearance of "voluntary return", and found violations.

Current effect: A pre-prepared form and signature alone do not prove waiver; a conscious, free and unhesitating will and procedural safeguards are required.

ECtHR, J.A. and A.A. v. Türkiye, application no. 80206/17, 06.02.2024

The judgment addresses the need for the national authorities to examine effectively and individually the risk to life and of ill-treatment in the threat of deportation of an Iraqi family with children.

Current effect: A general country assessment is not sufficient without discussing the separate vulnerabilities of family members and the situation of the children.

Case-law warning: The decision in "G.H.H. and Others v. Türkiye, application no. 43258/98, 11.07.2000" should not be used as a general precedent showing that the right to an effective remedy in Türkiye was violated. In that file the European Court did not find a violation under Article 13 of the European Convention on Human Rights. Decisions should be used only with their actual outcome and concrete scope.

What special safeguards apply to vulnerable persons?

Unaccompanied children

In the file of an unaccompanied child, the best interests of the child are the fundamental principle. Age assessment, safe accommodation, representation, education, health and family tracing must be carried out in a child-friendly manner. Where there is doubt about age, reliance must not be placed solely on physical appearance; a multidisciplinary method serving the child's best interests must be used.

Victims of torture and trauma

Trauma may give rise to consequences such as confusion of dates, recounting events piecemeal, inability to make eye contact or delayed disclosure. The interview method and the assessment of credibility should be adapted accordingly; where necessary, specialist health or psychological assessment should be obtained.

Women, LGBTI+ persons and persecution on account of social group

Respect for the privacy of private life, safe interpretation and a request for an interviewer of the same sex are important. No degrading "proof" that is based on stereotypes or that unnecessarily infringes the applicant's privacy should be expected from the applicant. The assessment should be made through the country conditions and the individual experience of the person.

Serious illness and disability

The existence of treatment is not in itself a status requirement. However, on return, effective access to treatment, life-threatening risk, the safety of travel, the family member who gives care, and the guarantees of Article 55 of the YUKK may be examined together.

A step-by-step roadmap to prevent loss of rights

Before the first application

• Classify identity, family and risk documents.
• Write the events in chronological order; do not present a date that is uncertain as if it were certain.
• Report any health, disability, violence or human trafficking situation at the first registration.
• Do not use false or altered documents.

During registration

• If you do not understand the interpreter, report it immediately.
• Check the name, date, family and event information on the form.
• Object to any wrong or incomplete record and request a copy.
• Obtain in writing the place, day and period of the address and signing obligation.

Before the interview

• Explain the differences between the registration account and the interview account.
• Prepare up-to-date country-of-origin documents.
• Submit to the file any new threat, investigation or health development.
• Notify in advance any need for an interpreter or interviewer of the same sex.

After an adverse decision

• Keep the notification envelope and the notification document.
• Determine whether the decision is under YUKK Art. 72, 77, 79 or is an ordinary rejection.
• Establish which of the special periods of ten, fifteen, thirty or seven days applies.
• If a deportation decision has also been issued, check whether a separate action is required.
• Add the current risk and documents not examined by the administration to the petition.

If referred to a removal centre

• Request copies of the administrative detention and deportation decisions.
• Record the request for an interpreter and a lawyer.
• Object to the criminal judgeship of peace for administrative detention without delay.
• Submit documents of a fixed address, family, health and suitability for an alternative measure.
• Do not sign a voluntary return document whose content you do not understand.

Common legal and practical mistakes

What work does Güneş & Güneş Law Firm carry out in these files?

In legal work on international protection and deportation files, depending on the circumstances of the file, the following may be included:

• Determination of protection status and residence regime,
• Legal analysis of the application account and of the documents and country-of-origin information,
• File review before the interview and preparation of a written statement,
• Review of ordinary rejection, inadmissibility, accelerated examination, deemed withdrawal, cessation and revocation decisions,
• Objection to the International Protection Evaluation Commission,
• Action for annulment before the administrative court,
• Action within seven days against a deportation decision and notification to the administration,
• Application to the criminal judgeship of peace against administrative detention in a removal centre,
• Application to the Constitutional Court and, where the conditions are met, a request for an interim measure,
• Examination of voluntary return documents for will, translation and procedure,
• Coordinated handling of family reunification, health, work and residence procedures,
• Coordination of documents with lawyers, family members and institutions in foreign countries.

The route to be followed in each file is determined separately, on the basis of the type of decision, the date of notification, the place where the person is, the status of administrative detention, the risk in the country of origin and the existing documents. No guarantee of outcome can be given.

Frequently asked questions

Is a lawyer mandatory for an application for international protection?

The first application is made in person and a lawyer is not mandatory. However, where there is a complex narrative, a serious evidence problem, a rejection decision, deportation or administrative detention, legal assistance becomes important.

Can a lawyer make the first application for international protection on my behalf?

As a rule, no. The application must be made by the person themselves. In the limited situations where a personal application is not possible for health reasons, the administration may need to take the application at the place where the person is.

Can I apply if I have no passport?

Yes. The absence of a passport does not prevent an application. However, correct information must be given about identity and route, and the genuine documents available must be presented.

Will I be punished for entering the country illegally?

Persons who apply within a reasonable time and explain the valid reasons for illegal entry are not subject to criminal proceedings under Article 65(4) of the YUKK. This provision does not automatically remove every administrative consequence.

For how long is an identity document issued after making an application?

An applicant is issued an identity document valid for one year, and if the file is not concluded it is renewed in one-year periods.

Are the identity documents of conditional refugees and subsidiary protection holders valid for one year?

No. According to current legislation and official practice, identity documents of refugee, conditional refugee and subsidiary protection status holders are issued for three years and are renewed in three-year periods while the status continues.

Can I move to another province after applying?

The obligations to reside in the registered province, and to reside at the address, may apply. Whether permission is needed for a change of province or before travel should be confirmed with the Provincial Directorate of Migration Management.

Can I leave Türkiye after making an application for international protection?

An applicant's identity document is not a passport or travel document. Departure from the country should be examined in advance in terms of a valid travel document, a visa, registration and the risk that the file will be deemed withdrawn or will end. Unplanned departure may affect the protection file and re-entry into Türkiye.

Can the applicant work?

The applicant may apply for a work permit six months after the date of the application for international protection. The identity document alone is not a work permit.

Does a refugee or subsidiary protection holder also need a work permit?

The status identity takes the place of a work permit. However, closed occupations for foreign nationals and the sector and geographical restrictions in the law remain in force.

Is general health insurance indefinite?

No. For an applicant or status holder who has no other coverage and no ability to pay, the rule is one year from the date of registration. There are exceptions for persons with special needs and for Ministry approval.

Within 30 days is an action always brought against a rejection decision?

No. For ordinary decisions a period of 30 days may apply; for inadmissible applications and accelerated examination 15 days may apply; and for a deportation decision 7 days may apply.

What happens if I fail three times to attend the signing obligation?

Repeated breaches without a valid excuse may lead to the application being deemed withdrawn and to the right to remain being separately assessed. An illness or compelling reason must be documented immediately.

When I bring an action against a deportation decision, do I also need to request a stay of execution?

Under Article 53(3) of the YUKK, the law provides a suspensive effect while the time limit for an action runs and while the action is pending. However, notice that the action has been brought must be given to the authority that issued the decision. The provisions of the Law No. 2577 on stay of execution and the provisions of Article 53 of the YUKK should not be confused.

Is there an appeal against a deportation action?

No. Under the current Article 53(3) of the YUKK, the decision of the administrative court is final. Where the conditions are met, the individual application to the Constitutional Court is assessed; that application does not automatically have a suspensive effect.

Which court should I apply to for a person held in a removal centre?

For administrative detention, the criminal judgeship of peace; for the annulment of a deportation decision, the administrative court. These are separate procedures and separate judicial remedies.

I signed a voluntary return form; can nothing more be done?

Whether the signature was based on a genuine, informed and free will can be examined. Pressure, lack of translation, no access to a lawyer and not knowing the content of the form may be subject to legal review.

Does UNHCR grant international protection status?

UNHCR has not carried out registration and refugee status determination in Türkiye since 10 September 2018. The competent national authority is the Presidency of Migration Management. UNHCR may continue its protection counselling and limited referral activities.

Can I apply directly for resettlement in a third country?

Resettlement is neither a personal right nor an ordinary route of application. The most vulnerable files may be assessed in cooperation between the Turkish authorities and UNHCR; the acceptance decision is taken by the country of resettlement.

Does a temporary protection identity document give a right to citizenship after five years?

No. The Temporary Protection Identity Document is not a residence permit, and the period spent under it is not counted, in the ordinary way, as residence-permit time for citizenship. Exceptional citizenship is a separate route at the discretion of the administration.

Conclusion

Managing an international protection file correctly in Türkiye is not limited to the question of whether the person is a refugee. The following questions must be answered together:

• Does the application fall under individual international protection or temporary protection?
• Which status definition does the risk of persecution or serious harm fit?
• Were registration, interpretation and the interview carried out in accordance with the procedure?
• Has the administration examined the personal evidence and current country-of-origin information?
• On which article of the YUKK is the negative decision based, and which time limit applies?
• Is there a separate deportation or administrative detention decision?
• Have family reunification, the child, health, violence or other special needs been assessed?
• Has the risk of refoulement been examined individually in relation to the destination country and route?

The correct legal strategy manages each step before its own competent authority and within its own time limit, without detaching the international protection file from the processes of deportation, administrative detention, residence, work, family and the Constitutional Court.

Confidentiality and legal information

Information and documents shared with Güneş & Güneş Law Firm are used only for legal assessment and service purposes; they are protected within the framework of the lawyer's professional secrecy, the duty of confidentiality and the legislation on the protection of personal data. Identity, health, political opinion, religion, ethnic origin and biometric data should not be shared through insecure channels.

This guide is intended for general legal information. Without seeing the type of decision, the date of notification, the status of the person, the place where they are, the country of origin, current risks and the file documents, it does not constitute a legal opinion on a concrete matter or a guarantee of outcome.

Official, judicial and academic sources

Official legislation and practice

• Law No. 6458 on Foreigners and International Protection – Presidency of Migration Management referral
• Law No. 7533 – amendment to Article 53(3) of the YUKK
• Presidency of Migration Management – Types of International Protection
• Presidency of Migration Management – Documents to Be Issued
• Presidency of Migration Management – Rights and Obligations
• Presidency of Migration Management – Deportation
• Presidency of Migration Management – Types of Residence Permit
• Presidency of Migration Management – Temporary Protection Legislation
• UNHCR Türkiye – Protection Frequently Asked Questions
• UNHCR Türkiye – Registration and Status Determination Procedures

Verified judicial decisions

• ECtHR, Jabari v. Türkiye, application no. 40035/98, 11.07.2000
• ECtHR, Abdolkhani and Karimnia v. Türkiye, application no. 30471/08, 22.09.2009
• Constitutional Court, Abdulkadir Yapuquan [GC], application no. 2016/35009, 02.05.2019
• Constitutional Court, Y.T. [GC], application no. 2016/22418, 30.05.2019
• ECtHR, G.B. and Others v. Türkiye, application no. 4633/15, 17.10.2019
• ECtHR, Akkad v. Türkiye, application no. 1557/19, 21.06.2022
• ECtHR, J.A. and A.A. v. Türkiye, application no. 80206/17, 06.02.2024

Academic sources

• Neşe Baran Çelik, "The Rights and Obligations of Foreign Nationals Applying for or Benefiting from International Protection in Turkish Law", İnönü Üniversitesi Hukuk Fakültesi Dergisi (İnönü University Faculty of Law Journal), Vol. 6, No. 3, 2016, pp. 67–148. The study is important for the institutional and rights-and-obligations framework of the YUKK; it should be used together with current sources for changes in legislation and practice after 2016.
• Gülce Gümüşlü Tunçağıl and Bilge Tanrıbilir, "Decisions That Administrative Authorities May Give Under the YUKK on International Protection and Temporary Protection and the Routes of Application Against Them", Hacettepe Hukuk Fakültesi Dergisi (Hacettepe Law Faculty Journal), Vol. 15, No. 2, 2025, pp. 53–97.
• Lale Burcu Önüt, "Applications for International Protection Status in the Light of Administrative Procedure and Administrative Court Decisions", Akdeniz Üniversitesi Hukuk Fakültesi Dergisi (Akdeniz University Faculty of Law Journal), Vol. 14, No. 2, 2025, pp. 635–661. A current academic study examining the administrative procedure and judicial review dimension of the application.

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