Best Asylum Lawyers in Gaziantep

About Asylum Law in Gaziantep, Turkey

Gaziantep, located in southeastern Turkey, is an important hub for individuals seeking asylum due to its proximity to countries experiencing conflict, including Syria. As a result, many people seek international protection here. Asylum law in Turkey is governed by national legislation aligned with international standards, particularly the 1951 Refugee Convention and its 1967 Protocol, though with certain geographical limitations. In Turkey, "international protection" is the term broadly used to refer to asylum seekers, refugees, and people needing subsidiary protection. The Directorate General of Migration Management (DGMM) is the principal government body overseeing asylum and migration matters.

Seeking asylum involves a formal application process and several stages of review and documentation. Local authorities, as well as branches of the DGMM in cities like Gaziantep, handle applications, interviews, and appeals processes. Understanding local procedures and the law is vital to ensure full legal compliance and the best chance for a successful claim.

Why You May Need a Lawyer

Navigating the asylum process can be challenging, especially for those unfamiliar with Turkish law, language, or administrative procedures. Here are some common situations where legal help is especially beneficial:

• Difficulty understanding the application process or required documentation
• Receiving a negative decision on your asylum claim and needing to appeal
• Facing deportation, detention, or urgent legal threats
• Experiencing discrimination or legal violations during your stay in Turkey
• Family reunification applications or claims involving unaccompanied minors
• Accessing health care, education, housing, or other basic services that may require legal clarification
• Needing to update personal details, such as family status or address, with authorities
• Uncertainty about your rights or obligations as an asylum seeker in Turkey

A qualified lawyer or legal adviser can guide you, protect your rights, and help improve your chances during the asylum process.

Local Laws Overview

Gaziantep operates within the framework of Turkey’s Law on Foreigners and International Protection (LFIP, No. 6458), which sets the basis for asylum and international protection:

• Application Process: All asylum seekers must apply in person at the Provincial Directorate of Migration Management to register and formalize their status.
• Types of International Protection: Turkey provides three main types: refugee, conditional refugee, and subsidiary protection (for those not qualifying as refugees but at risk if returned to their home country).
• Rights and Obligations: Registered applicants may access health care, education, social services, and are obliged to reside in the city assigned to them, such as Gaziantep.
• Residence and Movement: Asylum seekers must report their address and have limited freedom of movement; changing residence requires permission.
• Appeals: Adverse decisions, such as rejection or deportation orders, can be appealed through administrative and judicial channels, but strict deadlines apply.
• Work Permits: After six months of registration, asylum seekers can apply for work permits under certain conditions.

Local practices in Gaziantep are generally consistent with national law, but high demand and administrative capacity can affect processing times and the quality of services.

Frequently Asked Questions

What is the difference between a refugee, asylum seeker, and person under subsidiary protection?

An asylum seeker is someone who has applied for protection but has not yet received a decision. A refugee is a person recognized under Turkish law as facing persecution in their home country. Subsidiary protection is for people not qualifying as refugees but are at risk of serious harm if returned to their country.

Where do I need to apply for asylum in Gaziantep?

You must apply in person at the Provincial Directorate of Migration Management (Göç İdaresi) in Gaziantep as soon as possible after arrival.

How long does the asylum process take in Gaziantep?

The process length varies widely depending on case complexity and administrative backlog but typically ranges from several months to over a year, including interviews and appeal processes.

Can I work while my application is processed?

You can apply for a work permit six months after your application is registered, but you must first receive legal permission and find an employer willing to apply on your behalf.

What support can I receive as an asylum seeker?

Asylum seekers in Gaziantep have access to basic health care, emergency education for children, social services, and some humanitarian assistance provided by the government and NGOs.

Can I move to another city after registering in Gaziantep?

You must reside in the province assigned to you and cannot move freely between cities unless you obtain official permission from migration authorities.

How can I appeal a negative asylum decision?

A negative decision can be appealed through an administrative court or higher migration authorities within set deadlines. Legal assistance is recommended throughout this process.

Will my information be kept confidential?

Yes, Turkish migration authorities must keep your personal information confidential and not disclose details to your home country or others without your consent.

Can I bring my family to Turkey if I am granted asylum?

There are procedures for family reunification but requirements can be strict, and the process may take considerable time. Legal guidance is recommended.

Are children of asylum seekers allowed to attend school in Gaziantep?

Yes, children of asylum seekers have the right to basic education and may attend public schools in Gaziantep. Assistance is often available to help with enrollment.

Additional Resources

Several organizations and governmental bodies in Gaziantep and across Turkey assist asylum seekers, including:

• Directorate General of Migration Management (DGMM): The main government body for asylum and migration processes.
• Gaziantep Provincial Directorate of Migration Management: Local office for asylum registration, interviews, and documentation.
• United Nations High Commissioner for Refugees (UNHCR): Assists with information, legal aid, and case monitoring.
• Turkish Red Crescent (Kızılay): Provides social, health, and humanitarian support.
• Local Bar Associations: Offer information on lawyers experienced in asylum law.
• Refugee Rights Turkey: Offers legal advice and useful information.
• International Organization for Migration (IOM): Provides support on documentation, voluntary return, and information services.
• Local NGOs: Several non-governmental organizations in Gaziantep offer legal, psychological, and social support to asylum seekers.

Next Steps

If you require legal assistance regarding asylum in Gaziantep, the following steps are recommended:

1. Seek initial information from local NGOs, the Provincial Directorate of Migration Management, or relevant international organizations.
2. If you face urgent legal challenges (like detention or deportation), contact a qualified lawyer immediately, preferably one experienced with asylum and migration law.
3. Prepare all documents and information related to your identity, reasons for seeking asylum, and any correspondence with authorities.
4. Attend all official appointments and comply with local legal procedures, ensuring you meet application and appeal deadlines.
5. Consult with legal aid services or bar associations if you cannot afford a private lawyer.
6. Make use of available community support and resources to assist your case and your well-being during the process.

Remember, legal procedures in Turkey can be complex and time-sensitive. Early action and the right guidance can greatly improve your security and legal standing.