Legal Rights of Refugees and Immigrants in Türkiye

Legal Rights of Refugees and Immigrants in Türkiye. Migration is a significant phenomenon in human history. Today, migration and refugee movements pose a global problem. States must manage these movements with legal rules. Turkey receives intense migration due to its geographical location. This situation increases the country’s legal obligations. The Law on Foreigners and International Protection is the fundamental regulation. Refugee and immigrant rights are examined in this article. Legal statuses and protection mechanisms are explained. How legal rights can be utilized is described.

Legal Difference Between Refugee and Immigrant Concepts

International law clearly distinguishes between these two concepts. The difference in concepts determines the legal statuses.

The 1951 Geneva Convention and Turkey’s Reservations are Explained

A refugee is a person who flees their country due to their race, religion, or political opinion. The 1951 Geneva Convention defined the term refugee. Turkey placed a geographical reservation on this convention. Turkey considers only those arriving from Europe as refugees. This reservation affects the legal statuses. Different statuses are granted to those arriving from outside Europe. This situation is regulated by laws.

Conditional Refugee and Subsidiary Protection Concepts are Examined

Turkey grants the conditional refugee status to those arriving from outside Europe. Conditional refugees are not sent to countries outside Europe. Subsidiary protection offers a broader protection, however. This status is granted if there is a serious threat to the person’s life. For example, the risk of the death penalty or torture must exist. These two statuses are within the scope of international protection. Rights are determined by Law No. 6458.

International Protection Statuses and Legal Rights

International protection is a fundamental guarantee granted to foreigners. Rights change according to the status.

Refugee, Conditional Refugee, and Subsidiary Protection Statuses are Specified

Three different protection statuses exist in Turkey. Refugee is the status granted only to European foreigners. Conditional refugee is granted to those arriving from outside Europe. Subsidiary protection is granted to those whose lives are in danger. All these statuses provide basic human rights. Issuance of an identity document is mandatory.

The Application Process and Conditions for Acceptance are Described

Application for international protection is made to the Governorships. The application is forwarded to the provincial directorates of migration management. An interview of the applicant is conducted. Proof of well-founded fear is sought for the acceptance of the application. Country information and personal statements are evaluated. The path of objection is open in case of non-acceptance.

The Principle of Non-Refoulement

The prohibition of non-refoulement is a fundamental principle of international law. This principle is absolute in nature.

The Legal Basis and Absolute Nature of the Prohibition are Explained

The prohibition of non-refoulement is called the non-refoulement principle. This principle prohibits sending a person to a place where they may be in danger. The 1951 Convention and the European Convention on Human Rights constitute the basis. The person cannot be sent if there is a risk of torture or ill-treatment. This prohibition applies regardless of the person’s legal status in the country. Violation of the prohibition entails international responsibility.

Methods of Objection to Deportation Decisions are Examined

Foreigners who have been issued a deportation decision can object. Objection is also made against the administrative detention decision. The time limit for objection is seven days from the notification of the decision. Application is made to the administrative court. The court can issue a stay of execution decision. Objection ensures the suspension of the procedure. The legal guarantee of the foreigner is protected in this way.

Residence Permit Types and Rights of Immigrants

Foreigners outside the international protection status obtain a residence permit. The residence permit is regulated according to different purposes.

Short-Term, Long-Term, and Humanitarian Residence Permits are Defined

The short-term residence permit is granted for touristic or educational purposes. Its duration is usually one year. The long-term residence permit is granted to those who have stayed continuously for eight years. These permits are indefinite. The humanitarian residence permit is granted in compulsory situations. This permit is granted if there is a risk of inhumane treatment. The residence permit provides the legal right to stay.

Education and Health Rights of Residence Permit Holders are Specified

Children with a residence permit benefit from the right to education. The regulations of the Ministry of National Education are applied. Access to health services is secured. Emergency health services are provided free of charge. Long-term residence permit holders benefit from social rights. These rights are at a level close to Turkish citizens.

Work and Social Security Rights of Refugees and Immigrants

Legally staying in Turkey does not automatically grant the right to work. Obtaining a work permit is mandatory.

Work Permit Application and Conditions are Explained

Application for a work permit can be made six months after the international protection application. Application to the Ministry of Interior is required for a work permit. The application differs according to the type of residence permit. Application can be made by the employer for whom the foreigner will work. The work permit ensures legal employment.

Access to Social Security and Aid Services is Examined

Foreigners with a work permit are subject to social security. Employers are under the obligation to pay premiums. International protection holders can benefit from in-kind aid. Humanitarian aid is provided by the Governorships and relevant institutions. The right to access social aid and services is granted. This is for the preservation of living standards.

Legal Processes and the Right to Access Legal Aid

Foreigners have legal rights in legal processes.

The Process of Objection to Administrative Detention Decisions is Described

Foreigners can be placed under administrative detention for deportation. Objection is made to the Criminal Judgeship of Peace against the detention decision. The time limit for objection is fifteen days against the judge’s decision. This objection supervises whether the detention is legal. The judge can decide to terminate the detention.

The Importance of the Right to Access Legal Aid and Counsel is Emphasized

Applicants for international protection have the right to retain counsel. Legal aid is provided to those whose economic status is insufficient. Legal aid is covered by bar associations. The lawyer effectively defends the foreigner’s rights. The fair progress of legal processes is ensured in this way.

Legal Rights of Refugees and Immigrants in Türkiye. Immigrant and refugee law is shaped by international commitments. The refugee status in Turkey is limited by the geographical reservation. The prohibition of non-refoulement offers absolute protection. Residence and work permits support the right to legal stay. Foreigners have the right to object and to legal aid in legal processes. The correct and timely utilization of rights is important. Turkey tries to fulfill its humanitarian and legal obligations. The correct understanding of the rules of law is of great importance.

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