It is very useful to benefit from legal guidance by Turkish immigration lawyers istanbul for international protection of foreigners in Turkey. The main reason is that every Turkish immigration lawyer is very good at solving the complicated problems associated with international protection of foreigners.
Introduction
The main objective of this article is to shed light on international protection of foreigners in Turkey. The acquisition of citizenship or residence permit can open a gate for a long-term legal stay in Turkey. However, that is not the case for all foreigners.
In terms of obtaining Turkish citizenship and|or residence permit take a look at our articles:
Undoubtedly displaced and stateless individuals are more vulnerable to hard living conditions. Besides, not only administrative but also criminal sanctions upon the residency rules breaches are applicable to relevant individuals. Accordingly, immigration practitioners involved must be familiar with the regulatory framework on the international protection machinery in Turkey.
For our work and all legal services on the matter of corporate governance, please click our “Practice Areas”, titled Citizenship.
See one of our the most read articles, Deportation of Foreigners in Turkey
What is the definition of international protection of foreigners?
According to the sources of the UN Refugee Agency, “international protection” must be guaranteed when it comes to a person who avoids returning to his/her country of origin because of danger of persecution or serious harm due to their race, religion, nationality, political opinion, or membership in a political social group.
As for our domestic norms, the Law on Foreigners and International Protection Law (No:6458) defines the word of international protection as ‘the status granted for refugee, conditional refugee, and subsidiary protection’. Domestic jurisdictions articulate their own regulations to provide guarantees for foreigners.
What is the international protection law for international protection of foreigners?
International protection law refers to the protection issues within the field of International Migration and Refugee Law. To summarize, there are two main sources dedicated to international protection law at the national and international level. Markedly, Text of the 1951 Convention Relating to the Status of Refugees is the primary international instrument aiming at international protection of refugees and asylum-seekers. Above all, the Universal Declaration of Human Rights 1948 recognizes the right of persons to seek asylum from persecution under Article 14.
Further, the Law on Foreigners and International Protection Law (No:6458) plays a vital role in international protection of foreigners in Turkey. The Law intends to stipulate ‘the principles and procedures with regard to foreigners’ entry into, stay in and exit from Turkey’.
Who are applicants for the international protection of foreigners?
Under Article 14 of the Universal Declaration of Human Rights, everyone has the right to seek and to enjoy in other countries asylum from persecution. An asylum seeker means a person who has left his/her own state and is seeking protection within the jurisdiction of another state. Likewise, according to the Law Numbered 6458, an applicant is meant by a person who made an international protection claim and a final decision regarding whose application is pending.
Is deportation of foreigners possible in Turkey?
A removal decision is delivered either upon instructions of the Directorate General (the Presidency of Migration Management) or ex officio by the Immigration Offices located in governorates. Individuals enjoy right to file petition before administrative courts with a view to cancelling the deportation decisions in Turkey.
For more discussions please check our article on
Regarding our articles and papers on emerging legal challenges for dispute resolution consultancy together with their fully fledged solutions are here: Dispute Resolution and Litigation
What are the deportation reasons?
Article 54 prescribes the lawful reasons for the deportation of foreigners following a final decision.
The decision on removal of the relevant foreigner shall be issued in respect of those foreigners enumerated below who/whose:
- Are deemed to be removed pursuant to Article 559 of the Turkish Penal Code № 5237;
- Are leaders, members or supporters of a terrorist organization or a benefit oriented criminal organization,
- Submit untrue information and false documents during the entry, visa and residence permit actions;
- Made their living from illegitimate means during their stay in Turkey;
- Pose a public order or public security or public health threat;
- Has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled;
- Residence permits are cancelled;
- Overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason;
- Are determined to be working without a work permit;
- Breach the terms and conditions for legal entry into or exit from Turkey;
- Are determined to have entered into Turkey despite an entry ban to Turkey;
- International protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision.
- Fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused.
- Are evaluated as being associated with terrorist organizations which have been defined by international institutions and organizations.
Which authorities are regarded as competent for claims about international protection of foreigners?
The Presidency of Migration Management under the umbrella of the Ministry of Interior is primary institution. Secondly, the Migration Managements of relevant Governorships are mandated for the acceptance or rejection of international protection claims. Thirdly, the International Protection Assessment Committee has a special mandate to monitor the decisions regarding international protection claims. Primary mission of the Committee is to review decisions on
- international protection claims,
- decisions concerning applicants and international protection beneficiaries,
- decisions related to inadmissible applications,
- and decisions made as a result of accelerated procedure.
What is the role of the UN Refugee Agency for international protection of foreigners?
It has been well established that seeking asylum is a human right. The UN Refugee Agency is the landmark global organization for safeguarding the right to seek asylum. The Agency is formally known as the Office of the High Commissioner for Refugees (UNHCR). The UNHCR was formed in 1950 by the General Assembly of the UN. The UNHCR takes life-saving actions for the protection of stateless civilians, asylum-seekers and refugees. Under the 1951 Convention, the Contracting Parties are under certain obligation to cooperate with the UNHCR.
Conclusion
In conclusion, international protection of foreigners must be applicable to anyone who is unable or unwilling to get back to his/her country of origin. The principle of non-refoulement is fundamental to promote the rights of asylum-seekers. It is significant to reiterate that relevant national authorities are obligatory to cooperate with international organizations including the UNHCR. It is also notable that refugees have a chance to bring an application before the administrative courts following the decision of Immigration Management in Turkey. Despite the existence of national and international ways of international protection claim, professional assistance is necessary for a better protection of asylum-seekers. It is significant to provide a professional help from Turkish immigration lawyer istanbul
You can contact us regarding this issue in your search for a Turkish immigration lawyer.
