International Protection Application, Cancellation and Legal Proceedings

International protection is the legal right of a person seeking a safe life outside their home country. Due to its geographical location, Turkey hosts a large number of migrants and asylum seekers every year. As a result, tens of thousands of international protection applications are filed annually.

In this article, we will explain all stages of the process in simple terms – from application to rejection decisions, from status cancellation to legal remedies.


Application Process

  1. Application Authority: Provincial Directorates of Migration Management or governorships

  2. Required Documents: Identity information, reasons for leaving the country, supporting evidence

  3. Interview: Conducted within 30 days from the date of application (may be extended in some cases)

  4. Evaluation Period: Normally within 6 months; shorter under the accelerated procedure

At the end of the process, one of the following decisions may be issued:

  • Acceptance of the international protection application

  • Rejection of the application

  • Inadmissibility decision

  • Withdrawal of the application due to failure to fulfill obligations


Rights Against a Rejection Decision

A rejection decision directly affects the life of the applicant. However, the law provides the right to appeal and file a lawsuit.

  • Time limit for filing a lawsuit: Within 30 days from notification, and in some cases up to 60 days.

  • Outcome: If the court annuls the rejection decision, the application will be re-evaluated.

⚠️ A common mistake is filing lawsuits without legal assistance. Foreigners who are unfamiliar with legal procedures often lose their cases quickly. Incorrectly filed lawsuits are usually dismissed, leaving the applicant with no further legal remedy. Therefore, it is essential to seek professional legal support.


Cancellation of International Protection Status

Even if an application is accepted, international protection status can later be cancelled in cases such as:

  • Providing false information or documents

  • Posing a threat to public security

  • Changes in the conditions of the applicant’s home country

Applicants have the right to challenge the cancellation decision in court. However, it is crucial not to miss the filing deadline, as the decision will otherwise become final.


Withdrawal or Deemed Withdrawal of the Application (YUKK Article 77)

In Turkey, the right to international protection is closely linked to the applicant’s compliance with obligations. Article 77 of the Law on Foreigners and International Protection (YUKK Law No. 6458) regulates the circumstances under which an application is considered withdrawn.

What is Withdrawal?

Withdrawal occurs when the applicant voluntarily submits a written statement expressing their wish to end the process. The file is then closed.

When is an Application Deemed Withdrawn?

Even without a written request, an application may be deemed withdrawn in the following cases:

  • Failure to attend the interview three times without excuse

  • Escaping from administrative detention

  • Failure to fulfill reporting obligations three times without excuse

  • Never going to or leaving the designated residence without permission

  • Failure to comply with registration or interview obligations

  • Refusal to provide personal data

In these cases, the application is automatically suspended and no longer evaluated.

Legal Consequences:

  • Loss of legal residence rights

  • Risk of deportation

  • Restricted possibility of reapplication

For this reason, applicants must comply with all obligations and, preferably, proceed with the support of a lawyer. Once the decision is notified, the time limit to file a lawsuit begins. If no lawsuit is filed, the decision becomes final and deportation may follow.


Deportation Decision (YUKK Article 54)

If an international protection application is rejected, deemed inadmissible, withdrawn, or cancelled, a deportation order is issued.

  • Applicants may appeal within 7 days before the administrative court.

  • Deportation proceedings are automatically suspended during the trial.


Conclusion

The processes of international protection applications, cancellations, and legal proceedings in Turkey can be highly complex. However, timely applications and professional legal assistance significantly increase the applicant’s chances of staying in Turkey and ensuring a safe life.

 If your international protection application has been rejected or cancelled, consult a lawyer immediately to protect your rights.

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