Exclusion and cancellation of temporary protection

Turkey

Country Report: Exclusion and cancellation of temporary protection Last updated: 31/05/21

Author

Independent

The following categories of persons are excluded of benefitting from temporary protection in Turkey:[1]

  1. Persons for whom there is serious reason to believe that they have been guilty of acts defined in Article 1F of the 1951 Convention;
  2. Persons for whom there is serious reason to believe that they have engaged in acts of cruelty, for whatever rationale, prior to arrival in Turkey;
  3. Persons who have either participated in or provoked crimes or acts referred to in 1 and 2 above;

ç.   Persons, who, having participated in armed conflict in country of origin, have not permanently ceased armed activities after arrival in Turkey;

  1. Persons proven to have engaged, planned or participated in terrorist activities;
  2. Persons who have been convicted of a serious crime and therefore deemed to be presenting a threat against society; and those who are deemed to present danger to national security, public order and public security;
  3. Persons, who prior to their arrival in Turkey, committed crimes that would be punishable with a prison sentence in Turkey, and have left country of origin or residence in order to avoid punishment;
  4. Persons convicted of crimes against humanity by international courts;
  5. Persons who commit any of the crimes listed in Article 4(7) of the Turkish Criminal Code i.e. crimes related to state secrets and espionage.

Such cancellation is applied in practice for temporary protection holders designated as foreign terrorist fighters (YTS), for example, even where criminal proceedings have not led to a conviction.[2] In some cases, DGMM has also ordered cancellation on the basis of Article 8(1)(e) TPR.[3] It has also been applied in cases of inconsistencies between the personal details in the Temporary Protection Identification Document and the passport of the refugee, which have been determined as provision of misleading information to DGMM.[4]

DGMM is responsible and authorised to carry out and finalise the exclusion assessments and to communicate exclusion decisions to the persons concerned. Where it is identified that an existing beneficiary falls within the exclusion grounds listed above, their temporary protection status shall be cancelled. DGMM can delegate this power to governorates as of 25 December 2019.[5]

Nevertheless, given that the LFIP provides for a derogation from non-refoulement, temporary protection beneficiaries may also be subject to removal procedures without their status being cancelled. Such deportation cases were frequent in 2018.

In 2020, beneficiaries of temporary protection were not informed by the authorities of the cancellation of their protection.They did not receive any written document providing the grounds for such cancellation; thus preventing any possibilities to appeal. Most of them learned about the cancellation of their temporary protection when going to a PDMM for other reasons, such as updating data or when their General Health Insurance (GSS) was deactivated

In 2020 cancellation of temporary protection was prevalent in the south east region because of people ‘being a threat to public security’, not paying administrative fines or not updating data. Those who were involved in the Edirne/Pazarkule incidents described in Access to the territory and push backs also lost their temporary protection. The cancellation of temporary protection was also prevalent in Konya where there are many Syrians. Reasons included allegations of false statements about civil status or again it affected those who went to Edirne in February 2020 to try to cross the border.[6]

 

 

[1]   Article 8(1) TPR.

[2]  Information provided by a lawyer of the Izmir Bar Association, March 2019.

[3] See e.g. Administrative Court of Izmir, Decision 2018/692, 29 November 2018, which quashed a cancellation decision on the basis that the conviction had not been established.

[4]  Information provided by an NGO, February 2019.

[5]  Article 12(2) TPR.

[6]  Information provided by a stakeholder, March 2021.

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