Turkey- Law and practice governing asylum seekers
Turkey ratified the 1951 Convention relating to the status of refugees and the 1967 Protocol thereto. It maintains a geographical limitation as provided by article 1 B of the Convention to provide protection to refugees originating from Europe only. The 1994 Regulation came into force providing that non European asylum seekers can apply for temporary asylum status until the UNHCR resettles the asylum seeker in a third country under the resettlement programme.
Article 3 of the 1994 Regulation defines a refugee and asylum seeker as follows:
“Refugee: A foreign national who, as a result of events occurring in Europe and owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his or her former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it;
Temporary Asylum Seeker: A foreign national who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his or her former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
On 16th January 2006, the 1994 Regulations were amended and now provides as follows:
Article 4
“Foreign nationals entering Turkey legally to seek asylum or to request a residence permit in order to seek asylum in another country shall apply without delay to the governor's office of the city where they are present. Those who enter Turkey illegally are required to apply without delay to the governor's office of the province through which they entered the country.
Those who fail to apply to the authorities within the shortest reasonable time shall state the reasons for failing to do so and shall co-operate with the competent authorities.”
Article 5
“With regard to individual foreigners who either seek asylum from Turkey or request a residence permit in order to seek asylum from another country the governors' offices shall
a) identify the applicants and take their photographs and fingerprints.
b) conduct interviews with the applicants in accordance with the 1951 Geneva
Convention relating to the Status of Refugees. For interviewing and decision making, staff shall be appointed at the governors' offices which are authorised to conduct interviews and to take decisions.
c) send the interview documents along with the comments of the interviewer and the decision made on the case of the applicant, in accordance with the authority granted under Article 6, to the Ministry of the Interior.
d) pending further instructions from the Ministry of the Interior, accommodate the foreigner in a centre or a guest house considered appropriate by the Ministry of the Interior, or authorise the foreigner to reside freely in a place which shall be designated by the Ministry of the Interior.
e) take further steps following instructions from the Ministry of the Interior.”
Article 6
“Decisions on the applications of individual foreigners, either seeking asylum from Turkey or requesting a residence permit in order to seek asylum from another country, shall be adopted by the Ministry of the Interior in accordance with the 1951 Geneva Convention relating to the Status of Refugees and the Protocol of 31 January 1967 relating to the Status of Refugees and this Regulation.
When it considers it necessary, the Ministry of the Interior may transfer the decision-making authority to the governors' offices.
The decision taken by a governor's office or the Ministry of Interior shall be communicated to the foreigner through the governor's office.
Those foreigners whose applications are accepted shall be accommodated in a guesthouse deemed appropriate by the Ministry of the Interior or shall freely reside in a place which shall be designated by the Ministry of the Interior. Those whose applications are not accepted may appeal to the relevant governor's office within 15 days.
For a speedier decision, the period for lodging an appeal may be reduced by the Ministry of the Interior, if deemed necessary.
The statement, other information and documents supporting the claim submitted by the applicant appealing the decision shall be sent to the Ministry of the Interior by the governor's office. Any appeal shall be decided by the Ministry of the Interior and the final decision shall be notified to the foreigner.
The situation of those whose appeals are rejected by a final decision shall be assessed within the framework of the general provisions regarding foreigners. Within this framework, those foreigners who are not eligible for a residence permit shall be notified that they must leave Turkey within a time-limit determined by the administration. Foreigners who do not leave the country shall be deported from Turkey by the governors' offices upon receipt of instructions from the Ministry of the Interior, or ex officio by the governors' offices where the direct decision-making authority has been transferred to them.”