General (scope, criteria, time limits)
According to Article 72(1) LFIP, there are 4 grounds on which an application may be considered inadmissible:
(a) A Subsequent Application where “the applicant submitted the same claim without presenting any new elements”;
(b) An application submitted by a person, who was previously processed as a family member and signed a waiver to give up on their right to make a personal application, where the person submits a personal application: (i) either after the rejection of the original application, without presenting any additional elements; or (ii) or at any stage during the processing of the original application, without presenting any justifiable reason;
(c) An application by a person who arrived in Türkiye from a First Country of Asylum;
(ç) An application by a person who arrived in Türkiye from a Safe Third Country.
An inadmissibility decision can be taken “at any stage in the procedure” where the inadmissibility criteria are identified.[1] However, the examination of inadmissibility criteria under Article 72 LFIP must be carried out by the PDMM during the Registration stage.[2]
Depending on the outcome of the inadmissibility assessment by the PDMM,
- If an applicant is considered to fall into criteria listed in (a) or (b) above, the PDMM will issue the inadmissibility decision and notify the PMM Headquarters within 24 hours, however, there is no time limit for the finalisation of the inadmissibility assessment by the PDMM;
- If an applicant is considered to fall into criteria listed in (c) or (ç) above, the PDMM will refer the file to the PMM Headquarters, which will finalise the inadmissibility determination and may or may not issue an inadmissibility decision. There is no time limit for the referrals to the PMM Headquarters and the finalisation of the inadmissibility determination.
Inadmissibility decisions must be communicated to the applicant in writing.[3]
Personal interview
Article 74(1) RFIP requires the PDMM to conduct an interview with the applicant prior to taking an inadmissibility decision.
Appeal
Inadmissibility decisions can only be appealed before the competent Administrative Court.[4] Such decisions must be appealed within 15 days of the written notification of the decision, as opposed to 30 days in the Regular Procedure: Appeal.[5] The application to the Administrative Court carries automatic suspensive effect.
The 15-day time limit for appealing inadmissibility decisions was contested before the Constitutional Court as unconstitutional, on the basis that it was disproportionate in view of applicants’ inability to obtain legal assistance in these cases (Admissibility Procedure: Legal Assistance). The Court found Article 80(1)(ç) LFIP to be compatible with the Turkish Constitution, holding that the rules on inadmissibility are not complex to such an extent as to prohibit applicants from challenging a negative decision in person within the 15-day deadline.[6]
Legal assistance
The rules and practice set out in Regular Procedure: Legal Assistance apply. However, applicants whose claims are dismissed as inadmissible face obstacles in accessing legal representation for lodging an appeal given that they are not issued an International Protection Application Identification Card on the basis of which power of attorney may be granted. Access to legal assistance is exacerbated by the shorter deadline of 15 days to lodge an appeal against an inadmissibility decision, compared to 30 days in the regular procedure.
[1] Article 72(2) LFIP; Article 74(3) RFIP.
[2] Article 73 RFIP.
[3] Article 72(3) LFIP.
[4] Article 80(1)(a) LFIP.
[5] Article 80(1)(ç) LFIP.
[6] Constitutional Court, Decision 2016/134, 14 July 2016, available in Turkish at: http://bit.ly/2rU0GOE.