Scope of Foreign and International Protection Law, Basic Principles
A-) Scope of the Foreign and International Protection Act
In accordance with YUKK m.2 provision 6458, foreign transactions; The international protection to be provided at borders, border crossings or within Turkey on the demands of individual protections of foreigners covers the establishment, duties, powers and responsibilities of the Directorate General of Migration Administration, which will be provided urgently to foreigners who cannot return to the country where they are forced to leave and who come to Turkey enmsally.
In accordance with yukk m.2/2 provision, the provisions of international treaties and special laws to which Turkey is a party are reserved in the implementation of this law. In other words, if there is an international treaty on an issue organized by the YUKK, the provisions of the international treaty shall be applied first.
For example, ‘Refugees’ was regulated by the Geneva Convention of 1951. Turkey approved this convention in 1961. Although there are provisions regarding refugees in the YUKK, it will first implement the relevant provisions of the Geneva Convention of 1951, which is an international treaty and which Turkey has agreed to through ratify.
For example, settlement law no. 5543 is a special law compared to yukk. The Settlement Law will be applied first on issues related to immigrants (immigrants: Turkish descendants and foreigners from Turkish culture who come to Turkey to settle).
YUKK does not cover all foreign issues. For example, the work permits of foreigners are regulated by the Law on The Work Permits of Foreigners no. 4817, the Land Title Law no. 2644, the Land Title Law no. 2644 for foreigners in Turkey, the Law on Associations establishing associations/foundations in Turkey, the Provisions of the Foundations Act, and the Direct Foreign Capital Investments Act no. 4875 on foreign capital investments.
B-) Basic Principles in the Law on Foreign and International Protection
1.Ban on Retation (Non-Refoulement)
The Ban on Resing, which is regulated in Article 3 of the European Convention on Human Rights, has been accepted as the basic principle in the YUKK.
Yukk. Pursuant to provision m.4, no one may be sent to a place where he or she will be subjected to torture, inhuman or degrading punishment or treatment, or where his or her life or freedom will be threatened by race, religion, nature, origin or political ideas of a certain social group.
Yukk. In accordance with provision m.4/2, provision m.33/2 of the Geneva Convention of 1951 is reserved and it is stated in which cases the principle of ‘non-refoulement’ will not be applied in accordance with this provision. According to this provision, it does not apply to refugees who have serious reasons for being considered dangerous to the safety of their country of state, or who are convicted of a particularly grave crime with a finalized sentence and pose a danger.
Provision m.33 of the Geneva Convention of 1951 ‘ban on re-posting’ is regulated only for refugee status. Yukk. The m.4 provision, on the other hand, applies to all foreigners covered by the YUKK.
2.Exemption of Stateless and Foreigners Benefiting from International Protection from The Principle of Reciprocity
Stateless persons in the YUKK provision m.51/1-c and persons with international protection status under m.88/1 are exempt from the requirement of reciprocity. However, those who have applied for international protection status will continue to have a reciprocity requirement if they have not yet been granted status.
3.The Rights to Be Granted to Those S demanding International Protection Are No More Than Those Granted to Turkish Citizens
Yukk. In accordance with the provision m.88/2, the rights and facilities provided to the international protection applicant, persons who have been denied the application or have international protection status cannot be con interpreted in such a way as to be more than the rights and facilities granted to Turkish citizens.