About Asylum Law in Turkey
Asylum law in Turkey is governed by the Law on Foreigners and International Protection (LFIP), enacted in 2013, and the Temporary Protection Regulation. Turkey is a signatory of the 1951 Refugee Convention and its 1967 Protocol, but with a geographic limitation; it only offers full refugee status to individuals escaping persecution in Europe. Non-European asylum seekers are granted conditional refugee status or temporary protection, depending on their circumstances and origin. Asylum seekers must register with the Turkish authorities, primarily the Directorate General of Migration Management (DGMM), to legally reside and receive protection in the country.
Why You May Need a Lawyer
While it is possible to navigate the asylum process without legal aid, there are numerous situations where professional legal assistance becomes crucial. Common scenarios include:
- Understanding complex legal procedures and documentation requirements.
- Appealing a rejected asylum application.
- Addressing detention or deportation orders.
- Ensuring rights are upheld during asylum seeker interviews and assessments.
- Dealing with delays or bureaucratic issues within the asylum process.
- Navigating family reunification procedures.
Legal experts can provide clarity, protect rights, and enhance the chances of a favorable outcome.
Local Laws Overview
Key aspects of asylum-related laws in Turkey include:
- Law on Foreigners and International Protection (LFIP): This law regulates entry, stay, and exit of foreigners and protection categories in Turkey.
- Temporary Protection Regulation: It provides temporary protection to Syrians and other specific groups, granting access to basic rights like education and healthcare.
- Registration and Status Determination: Asylum seekers must register with the DGMM, after which they are given identification cards which protect them from deportation.
- Rights and Obligations: Registered asylum seekers are entitled to healthcare, education, and legal relief and are expected to comply with Turkish laws and regulations.
- Appeals and Legal Remedies: If an asylum application is rejected, there are legal avenues to appeal the decision, which involve strict timelines and procedural rules.
Frequently Asked Questions
What is the process for applying for asylum in Turkey?
Applicants must register with the Provincial Directorate of Migration Management (PDMM) and attend a registration interview. They are then issued an International Protection Applicant Identification Card.
Who is eligible for asylum in Turkey?
Individuals facing threats or persecution due to race, religion, nationality, membership of a particular social group, or political opinion can apply. However, Turkey's full refugee status is limited to European asylum seekers.
Can I work while my asylum application is processed?
Asylum seekers can apply for work permits six months after lodging their application. Approval is subject to specific conditions and sectoral regulations.
What rights do asylum seekers have in Turkey?
Asylum seekers have access to healthcare, education for children, legal assistance, and can receive humanitarian aid.
What happens if my asylum application is rejected?
You have the right to appeal the decision within a specified period. A lawyer can assist in filing appeals and ensuring that they meet procedural standards.
How long does the asylum process take?
The timeline can vary significantly based on individual circumstances, caseload, and other factors. The initial registration and status determination process can take several months.
Can asylum seekers move freely within Turkey?
Movement for asylum seekers is often restricted to a designated province where they registered. Permission may be needed to travel outside the province.
Are there any legal costs involved in the asylum application process?
While the registration process itself doesn't incur charge, legal representation, and certain applications could involve costs, although legal aid may be available through NGOs.
Can family members be included in an asylum application?
Yes, close dependents such as spouses and children can generally be included in an asylum application, although individual interviews may still be required.
What is temporary protection, and who does it apply to?
Temporary protection applies predominantly to individuals fleeing the conflict in Syria. It offers immediate protection and access to rights and services in Turkey.
Additional Resources
The following resources can be invaluable for obtaining further assistance:
- Directorate General of Migration Management (DGMM): It provides up-to-date migration and asylum information, oversees applications, and ensures the procedure's integrity.
- United Nations High Commissioner for Refugees (UNHCR) Turkey: Offers protection services, vital information, and guidance for asylum seekers and refugees.
- Humanitarian and NGOs: Organizations such as ASAM (Association for Solidarity with Asylum Seekers and Migrants) and Refugee Rights Turkey offer extensive support and free legal aid to asylum seekers.
- Legal Aid Bureaus: Located within bar associations, they provide legal assistance and advisory services, often free of charge.
Next Steps
If you find yourself needing legal assistance for an asylum matter in Turkey, consider these steps:
- Consult with a lawyer specializing in immigration and asylum law. A qualified lawyer can assess your situation and provide specific advice.
- Reach out to humanitarian organizations like UNHCR or ASAM for support and guidance.
- Visit your local Provincial Directorate of Migration Management (PDMM) to understand specific procedural requirements.
- Explore your eligibility for legal aid through the bar association's legal aid bureau.
- Keep all documentation organized and maintain communication with relevant authorities to ensure a smooth process.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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