International protection is the legal name for a person’s search for a safe life outside their country of origin. Due to its geographical location, Türkiye hosts a large number of migrants and asylum seekers. For this reason, tens of thousands of international protection applications are lodged every year.
In this article, we explain in plain language every stage from the application process to refusal decisions, from revocation of status to court proceedings.
In this comprehensive guide, you will find:
All of these are explained in simple language within the framework of current legislation.
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At the end of the application process, one of the following decisions is issued:
A refusal decision can directly affect a person’s life. However, the law grants the right to object and to bring a court case.
One of the most common situations is filing a lawsuit without legal assistance. As foreign nationals usually do not have sufficient information about court procedures, this often leads to the case being lost very quickly. Due to filing the lawsuit incorrectly and conducting the process in a flawed manner, courts tend to issue refusal judgments rapidly. In such a situation, the person’s right to bring another case ends.
Incorrectly filed lawsuits against refusal decisions in international protection cases often result in the entire process being lost.
Even if the application has been accepted, the international protection status can be revoked for certain reasons. Loss of international protection status generally occurs for the following reasons:
When international protection status is revoked, the person has the right to bring a lawsuit against the revocation decision. One of the most important points here is not to miss the time limits for bringing a lawsuit. Otherwise, the decision becomes final and no case can be filed.
The revocation of international protection status is the withdrawal of a previously granted refugee, conditional refugee or subsidiary protection status by the Migration Administration, based on the grounds set forth in the law.
As a result of this measure, the person:
Revocation of status is a more severe legal consequence than a refusal decision, because the person loses a right previously acquired.
Revocation of international protection status is carried out within the framework of:
Under the YUKK, status may be revoked where:
International protection status may be revoked only where certain conditions set out in the law are met. Below are the most common grounds for revocation:
This is one of the strongest grounds for revocation of status.
Examples:
When the Migration Administration identifies such circumstances, it revokes the status.
The following situations are sufficient grounds for revocation of status:
In such cases, the person’s continued stay in Türkiye is considered objectionable.
(Cessation – Grounds for Termination)
If there is no longer a risk of persecution in the person’s country of origin, the State may decide:
to terminate the status.
Example:
If a war has ended and the person is no longer at risk, subsidiary protection status may be revoked.
Where the person conceals information that indicates risk or legal relevance, such as:
this may also lead to revocation of status.
If the person has obtained in another country:
then the status granted in Türkiye is revoked.
Voluntary return to the country from which protection is sought is treated as acceptance that there is no longer a danger.
In particular, actions such as obtaining a passport or visiting the consulate may damage the relationship of trust and lead to revocation.
Revocation of international protection status has very serious consequences for the person’s life.
The following end entirely:
Under Article 54 of the YUKK, a deportation order must be issued against a person whose status has been revoked.
In some cases, the person may:
In some grounds for revocation, re-application for international protection is not allowed or is very strictly limited.
Resettlement proceedings carried out under the coordination of UNHCR are completely terminated.
Once a person receives a revocation decision, they have the right to object and to bring a court case.
For this reason, updating one’s address is of vital importance.
Against a revocation decision, a lawsuit must be filed:
If the time limit is missed:
In such a situation, reversal is often no longer possible.
The court evaluates not only the administrative decision itself, but the entire case file.
If international protection status is revoked:
For this reason, the person must usually bring two separate lawsuits:
These mistakes often lead to the definitive loss of the case.
International protection is a field that requires expertise in:
Legal assistance from a lawyer:
Many people lose their cases due to incorrect guidance and unqualified assistance.
In Türkiye, international protection applications are a crucial right for foreigners to live a safe life. However, each application depends on the applicant fulfilling their obligations. Article 77 of Law No. 6458 on Foreigners and International Protection sets out the circumstances under which an application is deemed withdrawn.
Withdrawal of the application means that the person voluntarily and in writing declares that they wish to give up their application. In this case, the process ends and the file is closed.
Even if the person does not formally submit a withdrawal request for their international protection application, in some circumstances the application is automatically considered withdrawn. Under the law, these circumstances are:
In these circumstances, the person’s international protection application is automatically deemed withdrawn and the assessment is stopped.
Withdrawal or deemed-withdrawal of the international protection application means that the person is removed from the international protection process. In that case:
For this reason, it is extremely important that international protection applicants fulfill their obligations and conduct the process with the assistance of a lawyer. When the decision is notified to the person, the time limit for bringing a lawsuit starts. If no lawsuit is brought within this period, the decision becomes final and a deportation order is issued.
When an international protection application is refused or the status is revoked, a deportation order is also issued. This is stated in the Law on Foreigners and International Protection as follows:
Article 54-(i):
“A deportation order shall be issued in respect of persons whose international protection application has been refused, who are excluded from international protection, whose application has been considered inadmissible, who have withdrawn their application or whose application has been deemed withdrawn.”
International protection applications, and the judicial procedures against revocation or refusal decisions, can be complex. However, applications and lawsuits brought at the right time with proper legal support will strengthen a person’s right to remain in Türkiye and live in safety.
If your international protection application has been refused or you have received a revocation decision, consult a lawyer as soon as possible and protect your rights.
1. What is international protection status?
International protection status is the refugee, conditional refugee or subsidiary protection status granted where a person cannot return to their country of origin due to war, torture, threat of death, persecution, political pressure or serious human rights violations.
2. In which situations is an international protection application / status revoked?
Revocation of status may occur for the following reasons:
3. What is the difference between revocation of an international protection application / status and refusal of the application?
4. Can a person remain in Türkiye if their international protection application is revoked?
Generally, no.
When the application is revoked, a deportation order is issued against the person.
5. Is a deportation order automatically issued together with revocation of the international protection application?
Yes.
Under Article 54/1-i of the YUKK, a deportation order must be issued in respect of persons whose status has been revoked.
6. Which rights are lost when the international protection application is revoked?
All of these end.
7. How is a decision revoking an international protection application notified?
Notification is generally made via:
The date of notification is critical in terms of time limits for bringing a lawsuit.
8. What happens if the decision revoking the international protection application is not notified?
In some situations, notification may be deemed to have been validly made.
Many foreigners lose their rights because they fail to keep their address updated. Keeping one’s address up to date is therefore a legal obligation.
9. What is the time limit for bringing a case against a decision revoking the international protection application?
Generally, the time limit is 30 days.
In some special cases, the time limit may be 15 days.
10. Before which court is a case brought against revocation of the international protection application?
A case is brought before the competent court in the province where the foreigner is located (the relevant administrative court).
11. Does filing a lawsuit against revocation of the application stop deportation procedures?
Yes.
If a lawsuit is brought within 7 days against the deportation order issued following revocation of status, deportation procedures are definitively suspended.
12. Is it necessary to bring two separate lawsuits after revocation of the international protection application?
Yes, in most files two separate lawsuits are brought:
These two cases are independent of each other.
13. What is the most common mistake in cases concerning revocation of the application?
The biggest mistakes are missing time limits and seeking help from unauthorized persons acting as “consultants”.
14. Does submitting fraudulent documents cause revocation of the international protection application?
Definitely yes.
Fraudulent documents are one of the gravest and most certain reasons for revocation of status.
15. If I go back to my country for a short time, will my international protection application be revoked?
Yes, in most cases it will.
Voluntary return is interpreted as meaning that the need for protection has ended.
16. How are allegations of threat to public security assessed?
Situations such as:
are grounds for revocation. The court will assess these allegations based on the available evidence.
17. There is no longer a war in my country. Will my international protection application be revoked?
Yes, it may be.
If the State says, “There is no longer a threat to you”, it may withdraw your status.
18. Is a new interview held in cases concerning revocation of an international protection application?
The Migration Administration may often hold a new interview concerning the reasons for revocation.
However, in some files, the authority may proceed directly to revocation.
19. After revocation of my international protection application, can I lodge a new application in Türkiye?
This depends on the reason for revocation:
Each case must be assessed individually.
20. What are the conditions for lodging a new international protection application?
21. What does the court examine in a case against revocation of the international protection application?
The court assesses not only the administrative decision but the entire file.
22. How long does a case against revocation of the international protection application take?
On average, 3–12 months.
Depending on workload, it may be shorter or longer.
23. What happens if the court annuls the decision revoking my international protection application?
24. Can I continue working if my international protection application has been revoked?
No.
The right to work is linked to status. Once the status is revoked, the right to work ends immediately.
25. I received a decision revoking my international protection application. Do I have to see a lawyer?
It is not compulsory; however, to avoid loss of rights, legal assistance from a lawyer is strongly recommended.
International protection law is a technical field and an incorrect lawsuit can lead to permanent loss of rights.
26. After revocation of my international protection application, can I be taken to a Removal Center?
Yes.
Once deportation proceedings are initiated, an administrative detention order may be issued against the person.
27. Will revocation of my international protection application affect my family members?
Yes.
The status of family members may also be reviewed. In some cases, action may be taken in respect of all of them.
28. Can I move to another country after revocation of my international protection application?
No.
Revocation of status → invalidation of documents → travel ban.
Attempts at irregular border crossings may have serious consequences.
29. Is it possible to speed up the court case against revocation of my international protection application?
Yes.
You can request a stay of execution from the court. If there is a risk, the court may issue a rapid decision.
30. Does revocation of my international protection application affect my UNHCR (United Nations) process?
Definitely yes.
Your UNHCR file will be completely closed.
The possibility of resettlement to a third country ends.
31. Is there an administrative appeal against revocation of my international protection application?
Although there may be different practices in different provinces, the main route is a court case (administrative lawsuit).
Some provinces may allow a “request for re-assessment”, but this does not replace judicial review.
32. What is a stay of execution in relation to revocation of my international protection application?
A stay of execution means that the court:
temporarily.
It is the most critical protection mechanism.
33. If the grounds for revocation of my international protection application are incorrect, can I win the case?
Yes.
In many files, courts have annulled revocation decisions due to:
on the part of the Migration Administration.
34. What should I do after receiving a decision revoking my international protection application?
35. I did not notify a change of address. Can my international protection application be revoked?
Yes.
Many people have had their status revoked for this reason.
Address notification is a legal obligation.
36. Is it possible to reverse the revocation of my international protection application?
It is possible through a court judgment.
It may also be corrected administratively via a “re-assessment” request; however, this is not applicable for every person and every file.
37. What happens if my identity card is cancelled?
38. After revocation of my international protection application, is there a legal way to remain in Türkiye?
Yes, there may be:
However, each case must be evaluated individually.
39. How does the process of being taken to a Removal Center work after revocation of my international protection application?
