Rejection of an International Protection Application: Legal Procedures, Appeals, and Consequences

Introduction

Türkiye hosts a significant number of migration and asylum applications due to its geographical location and international obligations. When a foreign national applies in Türkiye for international protection status (refugee, conditional refugee, or subsidiary protection), rejection of the application may lead to critical legal consequences. This article explains, in detail, the legal procedures, appeal avenues, deadlines, possibilities for re-application, and potential risks following a rejection decision.

1. What does rejection of an international protection application mean?

• Under the Law on Foreigners and International Protection (LFIP, Law No. 6458), a foreign national may apply for international protection in Türkiye.
• The application is examined, and if the administration—Presidency of Migration Management (PMM)—concludes that the protection criteria are not met, a rejection decision is issued. Examples include: finding no risk of persecution or serious harm, or considering the applicant’s statements not credible.
• The rejection decision is served in writing on the applicant. Once it becomes final, the right to remain in Türkiye may be lost; removal (deportation) proceedings may come onto the agenda.
• Important: “Rejection ≠ automatic removal.” However, removal proceedings may be initiated under LFIP Art. 54 and exceptions under Art. 55.

2. Legal basis and criteria for a rejection decision

2.1 Legislation

• LFIP Arts. 78–79 (application, assessment, rejection of international protection status, etc.)
• LFIP Arts. 54–55 (persons for whom a removal decision shall be taken; persons who cannot be removed)
• Regulation on Foreigners and International Protection (“Regulation”) — procedural rules, appeal and litigation deadlines, etc.

2.2 Key criteria that may lead to rejection of an international protection application

International protection applications are assessed under the LFIP and the Regulation. The PMM examines the file in detail by evaluating the applicant’s statements, submitted evidence, country information, and security risks. The following are the most common grounds that may result in rejection:

Absence of Risk of Persecution or Serious Harm (LFIP Arts. 63, 64)

International protection rests on the presence, in the country of origin or previous residence, of a serious threat to life, liberty, or bodily integrity. If the assessment shows that:

• There is no actual war, internal conflict, or widespread violence in the country,
• The applicant does not belong to a group at risk of persecution (ethnic, religious, political, social, etc.),
• State authorities can and do provide effective protection,
  then the conditions for protection are not met and the application may be rejected.
  Example: A person wanted for ordinary criminal prosecution (not political persecution) generally does not meet protection criteria.

Lack of Credibility or Consistency in the Applicant’s Statements

Under LFIP Art. 78/3-ç, the administration assesses oral statements for credibility. Common red flags include:

• Contradictory statements, date inconsistencies, or varying narratives,
• Forged, fabricated, or inconsistent documents,
• Travel records that conflict with the claims,
• Signs of concealment, exaggeration, or “coached” testimony during interviews.
  In such cases, the PMM may record “low credibility / failed credibility assessment” and reject the application.
  Practice note: Courts may find mere contradictions insufficient alone; the administration should corroborate credibility findings with country information analysis.

Safe Third Country or First Country of Asylum (LFIP Arts. 73–74)

If, before arriving in Türkiye, the applicant:

• Already obtained international protection in another country, or
• Stayed in a country where protection had been granted,
  Türkiye may treat the new application as inadmissible and return the person to that country.
  If a country transited by the applicant qualifies as a safe third country (e.g., an EU Member State with effective human-rights safeguards), the application may be rejected on that basis.

No Nexus to a Political, Ethnic, Religious, or Social Group

Under LFIP Art. 61, refugee status requires a well-founded fear of persecution on account of a protected ground. If the assessment shows that:

• The applicant did not face discrimination,
• The risk is general and socio-economic rather than personal,
• People in a similar situation live safely in the country,
  status will not be granted.
  Example: Unemployment, poverty, or social exclusion alone do not constitute grounds for international protection.

Applications with Economic Motive or Indications of Abuse

International protection is only for those with a genuine fear of persecution or serious harm. If an application appears aimed at extending stay, avoiding removal, obtaining a work permit, or prolonging paths to citizenship, the PMM may reject it, recording misuse/abuse of the system.
Under LFIP Art. 77, such cases may be examined under an accelerated procedure and often result in refusal.

Threat to Public Order, Public Security, or Public Health (LFIP Art. 64/5)

If there are indications concerning:

• Criminal activity, organized crime, terrorist links,
• Behaviors threatening public order or public security,
• Communicable diseases posing a public health risk,
  the administration may refuse protection. Such decisions must be based on concrete information and evidence, not assumptions.
  Note: Even if refused on public-security grounds, removal is prohibited where there is a real risk of torture, inhuman treatment, or death penalty upon return (non-refoulement).

Exclusion Clauses (LFIP Art. 64)

Even where a person meets the refugee definition, exclusion may apply—for instance:

• War crimes, crimes against humanity, terrorist acts, or serious non-political crimes,
• Acts contrary to UN principles,
• Abuse of the refugee system.
  Such applicants are excluded from status and refused.

Failure to Submit Evidence / False Information

Applicants should provide supporting evidence (documents, witness statements, country reports, identity data). Failure to do so, or knowingly providing false information (fake passport/ID, wrong birthdate, fabricated story), undermines credibility and leads to refusal.
Example: Claiming dual identities and failing to prove identity may lead to rejection for identity ambiguity.

Availability of Internal Protection Alternative

If the PMM finds the applicant faces risk only in a specific region of the country of origin but can relocate to another region safely and reasonably, the application may be rejected based on an internal protection alternative.

Inconsistency with Country Information and Recent Reports

If the applicant’s account conflicts with credible country reports (e.g., UN, Amnesty International, Human Rights Watch, EUAA/EASO), the application may be deemed not credible.
Example: Claiming severe persecution of Christians where reputable sources do not support such a claim.

Previous Rejection / Repetitive Applications

If the applicant has already been rejected and no new and material facts are presented, a subsequent application may be treated as a repetitive application and refused without full examination.
This is regulated under LFIP Art. 75 and Regulation Art. 92.

Late Applications or Long Periods of Irregular Stay in Türkiye

If an applicant waits an unreasonably long time after entry to apply, the administration may infer that there was no urgent fear.
Under Regulation Art. 83, late applications may be handled under an accelerated procedure and are often refused.

Conduct Contrary to the Stated Purpose / Trips Back to the Country of Origin

If a person returns, even briefly, to the country of alleged persecution while under protection in Türkiye, this may be viewed as undermining the genuineness of fear.
Failure to notify residence changes or comply with registration obligations also damages credibility.

Political-Activity Claims that Clash with Country Information

If the applicant claims political activity that is unlikely, unsupported, or inconsistent with the country context (e.g., claiming membership in a group not active in that region), refusal may follow. Proof is essential.

Summary Table – Common Grounds Leading to Rejection

Ground	Legal Basis	Explanation
No risk of persecution	LFIP Art. 63	No individualized threat established
Unreliable statements	LFIP Art. 78	Contradictions or forged documents
Safe third/first asylum country	LFIP Arts. 73–74	Prior protection or safe transit
Exclusion clauses	LFIP Art. 64	Crimes, terrorism, serious offenses
Abuse of procedure	LFIP Art. 77	Application for stay extension etc.
Public security risk	LFIP Art. 64/5	Threat to public order/security
Internal protection alternative	Practice	Safe relocation within origin state
Late application	Regulation Art. 83	Filed long after entry
Repetitive application	LFIP Art. 75	No new, material facts
Inconsistent with reports	—	Claims not supported by country info

3. Consequences of a rejection decision

• Once final, the applicant may lose lawful status in Türkiye and face a risk of removal.
• If no administrative or judicial appeal is lodged, removal proceedings may be initiated (LFIP Art. 54/1-i).
• Finalization of the rejection and initiation of removal are separate steps; rejection alone does not mean immediate removal.

4. Appeals and litigation—deadlines, authorities, roadmap

4.1 Administrative objection / National commission

• At the first stage, an administrative objection may be filed within the statutory period from service of the decision.
• Under the Regulation, the period may be 10 or 15 days depending on the case.
• Practice note: Outcomes seldom change at this internal-review stage because the objection is submitted to (or coordinated by) the same administration that issued the decision; watch deadlines carefully so court time limits are not missed.

4.2 Action for annulment (judicial review)

• An action for annulment may be filed within 30 days (in some cases 15 days) from service before the competent court.
• Competent court: The court where the applicant is located (the locally competent administrative court).
• The petition should include: application history, rejection grounds, risk analysis, legal bases (LFIP, Regulation, international instruments), and new evidence.

4.3 Effects of litigation

• Filing suit together with a request for stay of execution may suspend removal; the applicant can remain in Türkiye pending the court’s interim assessment.
• Once the judgment becomes final, either the decision is annulled (and the application is re-assessed) or the claim is dismissed.

4.4 Process overview

Stage	Authority	Time Limit	Notes
Service of rejection	—	—	Service date is critical
Administrative objection	PMM / Commission	10–15 days	Optional; do not miss court deadline
Action for annulment	Competent court	15–30 days	Peremptory; missing = finalization & removal risk
Judicial outcome	Court	—	Status clarified upon final judgment

5. Strategic advice against rejection—practical tactics

1. Scrutinize the reasoning. Identify which criteria were relied upon and which evidentiary gaps exist.
2. Credibility is central. Ensure coherent, consistent statements supported by concrete evidence.
3. Update country information. Use current human-rights/country reports to support the risk.
4. New, material facts? Consider re-application or submitting additional evidence if conditions evolved after the first filing.
5. Work with a specialist lawyer. Missing procedures or deadlines can cause severe loss of rights.
6. Account for removal risk early. Act swiftly, especially before any administrative detention steps.
7. Assess alternative statuses. If protection is refused, explore humanitarian residence and other lawful options with expert counsel.

6. Re-application and alternative statuses

• Even after rejection, re-application may be possible if there are new and material facts. The earlier grounds must be effectively countered; this is not available in every case and should be assessed by counsel.
• The application may have resulted in inadmissibility or exclusion; each carries different procedures and deadlines.
• Other statuses (e.g., subsidiary protection or conditional refugee) have distinct criteria and may be explored where appropriate.

7. Risk of removal and the duty of non-refoulement

• Under LFIP Art. 54/1-i, those whose international protection applications are rejected are among the categories for whom a removal decision may be taken.
• Under LFIP Art. 55/1-a and other clauses, if there is a real risk of death penalty, torture/ill-treatment, or lack of access to essential treatment upon return, a removal decision may not be taken or enforced.
• Therefore, post-rejection, the risk of refoulement must be assessed concretely, and legal safeguards must be promptly engaged where the risk is high.

8. Judicial oversight and higher-court guidance

• Case law emphasizes: A rejection decision alone does not automatically entail removal.
• Administrative courts require the administration’s assessment of risk to be objective and concrete; abstract evaluations are not sufficient.

FAQs – Rejection of an International Protection Application

1) What happens if my international protection application is rejected?

Rejection means you do not acquire a protection status in Türkiye and exit the protection procedure. You are not immediately removed; however, under LFIP Art. 54, the administration may issue a separate removal decision. You may file an administrative objection and/or an action for annulment.

2) Can I remain in Türkiye after the rejection?

Yes—within the litigation period (generally 15 or 30 days). If you sue within this period, you can remain until the court decides on stay of execution. If you miss the deadline, removal may follow.

3) What is the deadline to bring a court action?

Generally 15 to 30 days from service of the decision, depending on the type (first application, re-application, accelerated procedure, etc.).
Example: Under Regulation Art. 95, 15 days for the accelerated procedure; 30 days in the general procedure.

4) Why are applications rejected?

Common reasons: no risk of persecution, non-credible statements, economic motive, safe third country, criminal/terror suspicions, lack of evidence. LFIP Arts. 63–64 contain the core legal bases. The exact reasoning appears in your decision.

5) Does rejection mean I will be deported immediately?

No. Rejection is not automatic deportation. If the decision becomes final, the PMM may initiate removal under LFIP Art. 54. Under Art. 55, removal is prohibited where risks such as torture or death penalty exist.

6) Must I hire a lawyer to appeal?

Not mandatory but strongly recommended. International protection cases are technical and deadline-sensitive; a lawyer helps you avoid missed deadlines and present strong legal arguments.

7) Where do I lodge an objection?

• First, an administrative objection to the International Protection Assessment Commission within the PMM.
• If rejected, file an action for annulment before the competent administrative court. Evidence and country reports matter at both stages.

8) What should my lawsuit include?

• Service date of the decision,
• Grounds for rejection and legal errors,
• Personal risk upon return,
• Country reports on human-rights conditions,
• New documents, witness statements, or developments.
  Explain clearly the risks upon return.

9) If I sue, will removal be suspended?

You may request a stay of execution. If granted, removal is suspended during proceedings. If refused, the administration may proceed; in urgent removal risk, an ECtHR Rule 39 interim measure may be sought.

10) Can I re-apply after rejection?

Yes, but only if there are new and material facts (e.g., subsequent war, coup, political crisis, or individualized threats). Otherwise, a repeat application may be treated as repetitive and dismissed.

11) If rejected, what other statuses can I pursue?

• Humanitarian residence permit (LFIP Art. 46) where removal is not possible for humanitarian reasons,
• Conditional refugee or subsidiary protection, depending on the content,
• If the court annuls the decision, the protection claim is re-assessed. These options require legal counseling.

12) Can I stay in Türkiye for humanitarian reasons after rejection?

Yes. Under LFIP Art. 46, if removal would expose you to death, torture, inhuman treatment, or denial of essential medical care, a humanitarian residence permit may be granted. This is independent from international protection but offers similar safeguards.

13) Will a “deport code” (restriction code) be placed after rejection?

Often yes (e.g., V-70, G-87, Ç-150). During court proceedings, enforcement is generally halted. Lifting a code may require separate administrative applications or litigation.

14) Can I take the case to the European Court of Human Rights?

Yes, after exhausting domestic remedies (administrative court, appellate stages). In urgent removal risk, you may apply for ECtHR Rule 39 interim measures. If the ECtHR sees a real risk to life or freedom from torture, it can indicate that removal be suspended.

15) Can I opt for voluntary return?

Yes, under the PMM’s Voluntary Return Programme. However, this may limit your ability to re-apply in Türkiye later. Obtain legal advice before deciding.

16) Can I continue working after rejection?

Once protection is rejected, work authorization based on that status ceases. If litigation is pending and a stay of execution is granted, you may petition the administration for temporary permission.

17) My family applied with me—are they all affected by rejection?

Yes, applications often follow the family unity principle; spouse and children are affected. Each family member may, however, file independent applications based on their own grounds (e.g., a child with a distinct risk profile).

18) What if I change address after rejection?

You must notify the PMM within 7 days. Failure may result in treating the case as an abandoned application, jeopardizing re-application and increasing risks of apprehension/detention.

19) Who covers lawyer’s fees after rejection?

If indigent, you may qualify for legal aid via the bar association. Certain international NGOs (e.g., UNHCR, SGDD-ASAM) also offer legal support.

20) What happens if I do nothing after rejection?

If you miss deadlines and take no action, the administration records the decision as final; lawful stay ends and removal may follow. Future applications may be viewed as abusive.