Turkey, within the framework of the Law on Foreigners and International Protection No. 6458 (YUKK) and the international conventions to which it is a party, provides protection to foreigners who are forced to leave their country and cannot return. The legal name of this mechanism, commonly referred to as “asylum” or “refuge” among the public, is **”international protection”**. The application process and the rights during this process are of great importance for foreigners in need of protection. This complex field is evaluated within the scope of Asylum Law.

Who Can Apply for International Protection?

In order to make an international protection application, the foreigner must meet one of the following conditions:

1. Refugee or Conditional Refugee Candidates: Persons who are outside their country because of a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and who are unable or unwilling to return to their country owing to such fear. (Those coming from European countries can receive “Refugee” status, while those coming from non-European countries can receive “Conditional Refugee” status).
2. Subsidiary Protection Candidates: Persons who cannot be qualified as refugees or conditional refugees but who, if returned to their country of origin, would be sentenced to death or executed, would be subjected to torture or inhuman/degrading treatment, or whose life would be under a serious threat due to indiscriminate violence in situations of international or nationwide armed conflict.

International Protection Application Process:

The steps that foreigners who want to apply for international protection must follow are:

1. Place and Time of Application: Applications are made in person to the Ankara Provincial Directorate of Migration Management. The application is expected to be made within a “reasonable time” after entering Turkey or after the need for protection arises. Applications can also be made to law enforcement forces at border gates or within the country, in which case the person is directed to the Directorate of Migration Management.
2. Registration Procedures: During the application, identity information is obtained, and biometric data such as fingerprints are recorded. An “International Protection Applicant Identity Document” is issued to the applicant, providing legal stay and the opportunity to benefit from certain rights.
3. Interview: This is the most important stage of the application. A detailed interview is conducted with the applicant by Migration Management experts. In this interview, the person is expected to provide sincere and detailed information about why they left their country, their fears, and what might happen to them if they return. The applicant has the right to benefit from free interpreter and lawyer assistance.
4. Evaluation and Decision: The Migration Management makes a decision by evaluating the interview, submitted documents, and country of origin information. The application may be accepted and the person may be granted Refugee, Conditional Refugee, or Subsidiary Protection status; the application may be rejected, found inadmissible, or considered withdrawn.

Fundamental Rights of Applicants and Status Holders:

During the international protection application process and after the status is granted, foreigners have certain rights:

• Legal Stay in Turkey: The applicant identity document grants the right to legally stay in Turkey until the process is concluded.
• Principle of Non-Refoulement: This is the most fundamental right. No one can be returned to a place where they would be subjected to persecution or serious harm. This principle also protects the person during a possible Appeal against a Deportation Decision process.
• Access to Healthcare Services: Access to emergency healthcare services is always possible. Applicants and status holders can be included in the scope of General Health Insurance (GSS) under certain conditions (usually by paying premiums or covered by the state).
• Right to Education: The children of applicants and status holders have the right to benefit from primary and secondary education services free of charge, just like Turkish children.
• Right to Work: International protection status holders (and applicants under certain conditions) can access the labor market by obtaining a work permit within the framework of legal regulations.
• Social Assistance: Applicants and status holders who are in need and in a vulnerable situation can benefit from existing social assistance programs.
• Legal Aid and Right to Appeal: Applicants can request legal aid if they are unable to afford attorney fees. They have the right to file a lawsuit in the Administrative Court against negative decisions regarding their applications (Annulment Lawsuit for Rejection of International Protection Application). There is also a risk of administrative detention during or after the application process, and this decision can also be appealed (Objection to Administrative Detention Decision).

Obligations:

International protection applicants and status holders also have some obligations. These include responsibilities such as residing in the province assigned to them, providing signatures at regular intervals, and complying with Turkish laws.

The Importance of Getting Legal Support:

The international protection application process is a complex and sensitive process involving legal details. It is of critical importance to receive professional support in matters such as making the application correctly, preparing for the interview, tracking rights, and especially appealing against negative decisions within the legal period. A Foreigners Law Attorney in Ankara who is an expert in this field can guide applicants throughout the process and ensure the protection of their rights.

Conclusion:

Turkey offers a legal framework to provide international protection to foreigners fleeing persecution or serious danger. The application process is carried out before the Ankara Provincial Directorate of Migration Management, and applicants and status holders have important rights such as legal stay, non-refoulement, health, and education. Due to the complexity and sensitivity of the process, it is highly recommended that foreigners who are considering applying or are already in the process fully learn their rights and seek support from an expert lawyer.