For applicants who “fail to comply with the obligations listed in Article 90(1)” or “about whom a negative status decision was issued”, the PMM has the discretion to reduce rights and benefits, with the exception of education rights for minors and basic health care.[1]
Article 90(1) LFIP lists the obligations of international protection applicants as follows:
- Report changes in their employment status to the competent PMM Directorate within 30 days;
- Report changes in their income, real estate and valuables in their belonging within 30 days;
- Report changes in their residence, identity data and civil status within 20 days;
- Refund in part or in full costs incurred where is identified after the fact that he or she has benefited from services, assistance and other benefits although he or she actually did not fulfil the criteria;
- Comply with any other requests by the PMM within the framework of various procedural obligations listed in the LFIP for applicants.
Failure to report to the assigned “satellite city” (see Freedom of Movement) may also lead to restrictions on rights and benefits, with the exception of education and health care.[2] However, if the application is considered withdrawn (“cancelled”), General Health Insurance (Genel Sağlık Sigortası, GSS) is also de-activated.
There were changes to the LFIP in December 2019. Article 89(3)(a) LFIP now provides that access to health care under Türkiye’s General Health Insurance (Genel Sağlık Sigortası, GSS) is provided to applicants for international protection one year after the registration of their application, with the exception of persons with special needs. The right to health care ceases upon the issuance of a negative decision.[3]
The PDMM is responsible and authorised for making the assessment regarding an applicant’s eligibility for GSS coverage. It must be deduced that the decision to request an applicant to refund part or all health care expenses incurred for him or her shall be made in accordance with the same financial means criteria.
According to Article 90(2) LFIP, the decision to reduce or withdraw rights and benefits must be based on a “personalised assessment” by the competent PDMM. The applicant must be notified in writing. Where he or she is not being represented by a lawyer or legal representative, the legal consequences of the decision as well as the available appeal mechanisms must be explained to him/her.
Applicants can either file an administrative appeal against such a decision to reduce or withdraw reception rights with IPEC within 10 days of the written notification, or they can directly file a judicial appeal with the competent Administrative Court within 30 days.[4]
[1] Article 90(2) LFIP.
[2] Article 91(6) RFIP.
[3] Law No 7196 amending several acts, 6 December 2019, avaialble in Turkish here
[4] Article 80 LFIP.