Cessation and review of protection status

Turkey

Country Report: Cessation and review of protection status Last updated: 30/11/20

Author

Independent

Article 85 LFIP sets out the grounds and procedural rules governing cessation of international protection status.

The grounds for cessation of refugee status include the following cases where a beneficiary:[1]

a.Voluntarily re-avails him or herself of the protection of his or her country of origin;

b.Voluntarily re-acquires the nationality of the country he or she has lost;

c.Has acquired a new nationality and enjoys the protection of the country of new nationality;

ç. Has voluntarily returned to the country of origin;

e. May no longer refuse to avail him or herself of the protection of the country of origin or habitual residence on the ground that the circumstances on which the status was granted no longer apply. In the assessment of change of circumstances, DGMM shall assess whether the change in the country of origin or habitual residence is significant and permanent.[2]

Subsidiary protection may also be ceased where circumstances have changed to such an extent that protection is no longer needed.[3]

Cessation is to be decided on an individual basis.[4] Where cessation grounds apply, DGMM shall communicate the review of status to the beneficiary in writing. The beneficiary shall have the opportunity to present his or her reasons to continue receiving protection, orally or in writing.[5] The RFIP refers to oral or written observations being submitted “within a reasonable period”, without specifying the timeframe in which the beneficiary should respond to DGMM.[6]

An appeal against a cessation decision may be lodged under the same conditions as in the Regular Procedure: Appeal, before IPEC within 10 days or before the competent Administrative Court within 30 days.[7]



[1]           Article 85(1) LFIP.

[2]           Article 85(2) LFIP.

[3]           Article 85(3) LFIP.

[4]           Article 97(3) RFIP.

[5]           Article 85(4) LFIP.

[6]           Article 97(1) RFIP.

[7]           Article 80(1)(a) LFIP.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of main changes since the previous report update
  • Introduction to the asylum context in Turkey
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • Temporary Protection Regime
  • Content of Temporary Protection