Temporary protection status shall cease for a particular beneficiary where he or she:[1]
- Leaves Türkiye voluntarily;
- Avails him or herself of the protection of a third country;
- Is admitted to a third country on humanitarian grounds or for resettlement.
Voluntariness of repatriation
The TPR does not specify how the cessation criterion of voluntary departure from Türkiye is to be assessed. In theory, when a temporary protection beneficiary indicates the intention to return to Syria, he or she is interviewed by a panel consisting of PMM, UNHCR and civil society; the latter not being applied in practice. A lawyer can also be present in the interview. The panel assesses whether return is in fact voluntary and the underlying reasons behind it. UNHCR does not have any program for those who want to return voluntarily, but they continue to monitor voluntary returns to Syria in a number of provinces through presence at PDMMs[2]. UNHCR does not monitor all voluntary returns.
Voluntary, safe, and dignified returns have continued to be a priority policy area for the PMM in 2023, which established its voluntary return programme in 2021. As a reaction to rising anti-refugee sentiment stroked by opposition parties and the society calling for the return of Syrians to Syria, President Erdoğan has promised to relocate at least 1 million Syrians in Turkish-controlled regions of northern Syria.
There is no official data shared in the website. According to statement of President of PMM, 583,618 Syrians voluntarily returned to Syria by October 2023, the efforts and acitivies of PMM working on the voluntary, safe and dignified return of 1 million Syrians, which was set as a target by President Erdogan, continues. Former Minister of Interior, Soylu stated that the return of 1 million refugees in Türkiye will be ensured with the 240 thousand permanent houses to be built in northern Syria with the financing of the Qatar Development Fund[3]. Former Minister of National Defense, Akar stated later that efforts to improve living conditions in northern Syria continue and as a result of these efforts, 600-700 thousand Syrians have returned home safely so far. Lastly, Minister of Interior Affairs, Yerlikaya, stated that the number of Syrian refugees who returned voluntarily from Türkiye to Syria reached 625,000 by February 2024[4]. One of the main reasons Syrians want to return is financial difficulties[5]. Stakeholders have worries regarding whether they are voluntary or forced returns.
Human Rights Watch reported that Turkish authorities arbitrarily arrested, detained, and deported hundreds of Syrian men and boys to Syria between February and July 2022 and urged the EU to recognize Türkiye as unsafe for asylum seekers.[6] Turkish authorities have been arguing that returns are “voluntary’.[7] Syrians consistently say they are being misled about the “voluntary return” forms they are being told or forced to sign, i.e. through intimidation, threats and beatings. Voluntary returns and “the serious suspicion that they are involved in a criminal act” were the primary reasons for cancellation. This is contrary to the presumption of innocence, and authorities frequently interpret it when a Syrian refugee is a plaintiff, witness, or subject of a criminal investigation. Therefore, Syrian victims fear deportation and do not dare lodge complaints with the authorities.[8] Syrian Observatory for Human Rights (SOHR) reported that despite the claims, “Syrians, most of whom have temporary protection IDs, are forcibly deported to Syria every day, on the grounds that they do not have official documents.”[9] Global Detention Project highlighted refugees are coerced into “voluntary return” through ill-treatment to free up space in overcrowded deportation centres[10].
Two important decisions support the claims of forced return of Syrians:
On February 15, 2023, the Constitutional Court General Assembly ruled on the application of Wisam Sulaiman Dawood Eaqadah (Application No: 2021/2831). The Court decided that the claims regarding the violation of the prohibition of ill-treatment and the right to an effective remedy in connection with the freedom of settlement, within the context of procedural safeguards in deportation processes, were clearly unfounded and therefore inadmissible.In the Abdulkerim Hammud decision (Application No. 2019/24388, Decision Date May 2, 2023), the Constitutional Court of Türkiye examined, for the first time, an individual application alleging forced return to Syria. The Court unanimously ruled that there had been violations of the right to life and the prohibition of ill-treatment as protected under Article 17 of the Constitution, as well as the right to an effective remedy under Article 40, in parallel with the European Court of Human Rights decision in Akkad v. Turkey.
The European Court of Human Rights convicted Türkiye in a lawsuit filed on the grounds that Türkiye illegally deported a Syrian temporary protection holder to his country.[11] In 2022, the European Court of Human Rights found a violation of articles 3, 5 and 13 of the ECHR in Akkad v. Türkiye judgement on the ground of expulsion of the temporary protection holder applicant to Syria[12].
Some INGOs – such as IHH – and their contractors are active in the Azzez region. Even though people are settled in the region, the conditions are quite harsh due to the extreme conditions. For instance, hospitals do not function properly; given that the lack of schools and employment opportunities in the area, Syrians do not wish to return to Turkish-controlled territories. Residing in containers is not sustainable either. Stakeholders view Turkish policy as unsustainable, and an international consensus must eventually be reached. Syrians who are deported to Syria either obtain a visa to enter Syria or are deported to Turkish-controlled territory.[13]
Where temporary protection is terminated based on cessation, PMM issues a “V87” code to mark the person as a “voluntarily returned foreigner”. The person is usually left at the border and handles the return process him or herself.[14] However, beneficiaries are not always adequately informed of the process.
Moreover, the aforementioned interview procedure is not followed in Removal Centres. Persons signing voluntary return documents – often following pressure from authorities (see Detention of Asylum Seekers) – do not undergo an interview by a panel aimed at establishing whether return is voluntary.[15] This practice remained the same in 2023.
Re-entry following cessation
It is common for refugees to travel back to Syria for administrative reasons e.g. renewal of passport, and then to return to Türkiye.[16] This policy has changed for holiday permits granted to Syrians during religious holidays. Since 2022 ‘holiday permits’ are not given to Syrians.[17]
In 2023, exceptionally Syrians under temporary protection who are registered and residing in the earthquake-affected provinces (Kahramanmaraş, Hatay, Gaziantep, Malatya, Kilis, Osmaniye, Diyarbakır, Adana, Adıyaman, Şanlıurfa) could temporarily return to Syria without losing their temporary protection status. The period was between 14 February and 15 September 2023, with staying maximum of six months. Syrians under temporary protection residing in one of these provinces could directly apply to local authorities at the border gate without obtaining a travel permit document from the province they reside in[18]. The permission was extended by December 2023. There are statements indicating that more than 90% of Syrian who visited Syria with this permission returned back to Türkiye, however there is a considerable number of persons staying in the provinces they moved to after the earthquake. [19].
Admission to the temporary protection regime of persons who previously benefitted from temporary protection in Türkiye but their status was ceased is assessed on an individual basis by PMM.[20] PMM is authorised to grant or deny renewed access to temporary protection status upon repeat arrival in Türkiye.
There continue to be cases of people whose temporary protection status was ceased, and who were issued a “V87” code, being unable to re-access rights upon return to Türkiye. PMM issued a Circular on 7 January 2019, instructing PDMM to lift the “V87 code” in respect of persons returning to Türkiye after having signed a “voluntary return document”, especially pregnant women, elderly persons and children, as of 1 January 2019, to allow them to re-access services.[21] The Circular also requires PDMM to provide detailed information to temporary protection beneficiaries on the legal implications of signing a “voluntary return document”.
Deportation for registered Syrians was deactivated, and a code called C-114 was issued. Deportations are mostly on weekends, and people sign voluntary return forms without knowing their purpose. The ‘V-87’ circular had a positive effect, but interviews for those whose temporary protection had been cancelled were held mainly for vulnerable refugees with no criminal record in Türkiye.[22]
The question of cessation has also arisen in the context of the readmission of Syrian nationals from Greece to Türkiye under the EU-Türkiye statement. An amendment to the TPR was introduced on 5 April 2016 to clarify that Syrian nationals, who entered Türkiye after 28 April 2011 and who transited irregularly to the Aegean islands after 20 March 2016, “may” be provided temporary protection.[23] PMM statistics refer to 412 Syrian “irregular migrants” readmitted by Türkiye from 4 April 2016 to 5 April 2021 – an increase of 8 persons in 2020.[24] These returns were still suspended in 2023 as far as stakeholders were aware.
[1] Article 12(1) TPR.
[2] Information provided by a stakeholder, March 2024.
[3] AK PARTİ | Bakanımız Soylu “Gönüllü, Güvenli, Onurlu Geri Dönüş Projesi Temel Atma Töreni”nde konuştu 24-05-2023, available here
[4] AA, İçişleri Bakanı Yerlikaya: 625 bine yakın Suriyeli ülkesine geri dönüş kapsamında geçiş yaptı, 16.02.2024, available here
[5] Information provided by a stakeholder, March 2024.
[6] Human Rigths Watch, Turkey: Hundreds of Refugees Deported to Syria, 24 October 2022, available here
[7] Milliyet, ‘Bir milyondan fazla Suriyeli evine döndü’, 21 January 2022, available here
[8] Information provided by a stakeholder, May 2023.
[9] Biante, 26.02.24, SOHR: “Türkiye Suriyeli mültecileri zorla geri göndermeye devam ediyor, available here
[10] Global Detention Project, Türkiye: Submission to the Committee against Torture, June 2024.
[11] Information provided by a lawyer of a Bar Association, February 2020.
[11] On the contrary, decisions of the Administrative Court are notified to the PDMM since they are party to the proceedings.
[11] ECHR, Akkad v. Turkiye, application number: 1557/19, 21 June 2022, available here
[12] AKKAD v. TURKEY [Turkish Translation] by İstanbul Bar Association, available here
[13] Information provided by a stakeholder, May 2023.
[14] Information provided by a stakeholder, May 2023.
[15] Information provided by a stakeholder, May 2023.
[16] Information provided by a stakeholder, May 2023.
[17] Hürriyet, ‘Bayrama giden kalacak’, 2022, available here & information provided by stakeholders, March – April 2024.
[18] UNHCR Help Turkiye, Duyurular, 14.02.2023, available here
[19] Information provided by stakeholders, March – April 2024.
[20] Article 13 TPR.
[21] PMM Circular 2019/1 on Cessation of Status of Syrians due to Voluntary Return, 7 January 2019.
[22] Information provided by a stakeholder, May 2023.
[23] Provisional Article 1(6) TPR, as inserted by Article 1 Regulation 2016/8722 of 5 April 2016.