Temporary Protection Regime

The Chapter: Temporary Protection Procedure in Turkey contains sections on:

A. Scope and activation procedure

B. Qualification for temporary protection

1. Eligibility criteria
2. Cessation of temporary protection
3. Exclusion and cancellation of temporary protection

C. Access to temporary protection and registration

1. Admission to territory
2. Registration under temporary protection
3. Appeal
4. Legal assistance

D. Detention in the temporary protection framework

Overview

The legal basis of the 2014 Temporary Protection Regulation (TPR) is Article 91 LFIP. Therefore, technically as a piece of secondary legislation, the provisions and implementation of the TPR must be compliant and consistent with the general normative framework laid down by the LFIP itself.

Under the new presidential system in place since 2018, all references to the “Council of Ministers” in the LFIP have been replaced by the term “Presidency”, since the Council of Ministers was abolished.[1] No such amendment has been made to the TPR yet. For the purposes of clarity, the following sections refer to the “Presidency” rather than the “Council of Ministers”.

PMM is designated as the competent agency authorised to decide on the eligibility of persons for temporary protection in Türkiye in light of the scope laid down by the Presidency declaration decision and the general eligibility criteria laid down in the TPR.[2] Following a reform in March 2018, responsibility for accommodation and other services also lies with PMM.[3] The agency has therefore taken over responsibility for all measures relating to temporary protection from the Disaster and Emergency Management Authority (Afet ve Acil Durum Yönetimi Başkanlığı, AFAD).[4]

[1] Article 71 Decree 703 of 9 July 2018.

[2] Article 10 TPR.

[3] Regulation 2018/11208 amending the Temporary Protection Regulation.

[4] Presidential Decree No 4 of 15 July 2018 also amended the duties and tasks of AFAD.