Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 6458, Official Gazette 11/04/2013, No. 28615. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: mevzuat.gov.tr
PART THREE – International Protection
CHAPTER ONE – Types of International Protection, Exclusion from International Protection
Article 61 – Refugee
(1) A foreign national who, owing to events occurring in European countries, is outside the country of their nationality because they have a well-founded fear of persecution on grounds of race, religion, nationality, membership of a particular social group or political opinion and is unable to avail themselves of the protection of that country, or who does not wish to avail themselves of such protection owing to that fear, or a stateless person who, as a result of such events, is outside the country of their former habitual residence, is unable to return there, or does not wish to return owing to such fear, shall, following status determination procedures, be granted refugee status.
Article 62 – Conditional Refugee
(1) A foreign national who, owing to events occurring outside European countries, is outside the country of their nationality because they have a well-founded fear of persecution on grounds of race, religion, nationality, membership of a particular social group or political opinion and is unable to avail themselves of the protection of that country, or does not wish to avail themselves of such protection owing to that fear, or a stateless person who, as a result of such events, is outside the country of their former habitual residence, is unable to return there, or does not wish to return owing to such fear, shall, following status determination procedures, be granted conditional refugee status. Conditional refugees shall be permitted to stay in Türkiye until they are resettled in a third country.
Article 63 – Subsidiary Protection
(1) A foreign national or stateless person who cannot be qualified as a refugee or conditional refugee but, if returned to their country of origin or country of residence;
a) would be sentenced to death or would face the execution of the death penalty,
b) would be subjected to torture, inhuman or degrading punishment or treatment,
c) would face a serious threat to their person due to indiscriminate violence in situations of international or nationwide armed conflict,
and who, for these reasons, is unable to avail themselves of the protection of their country of origin or country of residence, or does not wish to avail themselves of such protection owing to that threat, shall, following status determination procedures, be granted subsidiary protection status.
Article 64 – Exclusion from International Protection
(1) An applicant shall be excluded from international protection if;
a) they are currently receiving protection or assistance from an organ or agency of the United Nations other than the United Nations High Commissioner for Refugees,
b) they are recognised by the competent authorities of the country in which they reside as having the rights and obligations attached to the possession of the nationality of that country,
c) there are serious grounds for considering that they are guilty of acts referred to in paragraph (F) of Article 1 of the Convention,
(2) When protection or assistance for a person falling under subparagraph (a) of the first paragraph ceases for any reason, that person may benefit from the protection provided by this Law unless their status has been definitively resolved in accordance with resolutions adopted by the United Nations General Assembly.
(3) Where there are grounds for considering that, before applying for international protection, the applicant committed cruel acts outside Türkiye, whatever the motive, an assessment shall be made under subparagraph (c) of the first paragraph.
(4) A person who participates in or incites the commission of the crimes or acts referred to in subparagraph (c) of the first paragraph and the third paragraph shall be excluded from international protection.
(5) In addition to the circumstances set out in subparagraph (c) of the first paragraph and the third and fourth paragraphs, a foreign national or stateless person for whom there are serious indications that they pose a danger to public policy or public security, and a foreign national or stateless person who has previously committed an offence or offences outside the scope of subparagraph (c) of the first paragraph that would be punishable by imprisonment if committed in Türkiye and has left their country of origin or residence solely to avoid punishment for that offence, shall be excluded from subsidiary protection.
(6) Exclusion of the applicant from international protection shall not require the exclusion of the applicant’s family members, provided that none of the grounds for exclusion applies to the other family members.
CHAPTER TWO – General Procedures
Article 65 – Application
(1) Applications for international protection shall be made in person to the governorates.
(2) If applications are made to law enforcement units within the country or at border gates, they shall be immediately reported to the governorate. Procedures relating to the application shall be conducted by the governorate.
(3) Every foreign national or stateless person may apply on their own behalf. An applicant may apply on behalf of family members who accompany them and whose applications are based on the same grounds. In that case, the consent of adult family members to an application being made on their behalf shall be obtained.
(4) Persons who apply for international protection to the governorates on their own initiative within a reasonable period shall not be subject to criminal proceedings for violating the conditions for lawful entry into Türkiye or for being unlawfully present in Türkiye, provided that they explain valid reasons for their unlawful entry or stay.
(5) Applications for international protection by persons whose liberty is restricted shall be immediately reported to the governorate. Receipt and assessment of applications shall not prevent the conduct of other judicial and administrative proceedings or the application of measures and sanctions.
Article 66 – Unaccompanied Children
(Amended:6/12/2019-7196/82 art.)
(1) The following provisions shall apply to unaccompanied children who apply for international protection:
a) The best interests of the child shall be taken into consideration in all procedures concerning unaccompanied children. From the moment the application is received, the provisions of the Child Protection Law No. 5395 dated 3/7/2005 shall apply to them.
b) The Ministry shall arrange for foreign nationals whose physical appearance is considered inconsistent with their stated age to undergo age determination at healthcare institutions; those determined to be under eighteen years of age shall be handed over to the provincial directorates of the Ministry of Family, Labour and Social Services.
c) Taking the unaccompanied child’s views into account, the Ministry of Family, Labour and Social Services shall place the child in suitable accommodation or with adult relatives or a foster family.
Article 67 – Persons with Special Needs
(1) Persons with special needs shall be given priority in the rights and procedures set out in this Part.
(2) Persons subjected to torture, sexual assault or other serious psychological, physical or sexual violence shall be provided with adequate treatment to address the harm caused by such acts.
Article 68 – Administrative Detention of Applicants
(1) Applicants shall not be placed under administrative detention solely because they have applied for international protection.
(2) Administrative detention of applicants is an exceptional measure. An applicant may be placed under administrative detention only in the following cases:
a) where there is serious doubt as to the accuracy of their identity or nationality information, for the purpose of determining that information
b) for the purpose of preventing their irregular entry into the country at border gates
c) where the elements forming the basis of their application cannot be determined if they are not placed under administrative detention
ç) where they pose a serious danger to public policy or public security
(3) Whether administrative detention is necessary shall be assessed on an individual basis. In the cases specified in the second paragraph, before placing an applicant under administrative detention, it shall first be assessed whether the residence requirement and the reporting obligation set out in Article 71 would be sufficient. The governorate may establish other procedures in place of administrative detention. Administrative detention shall be applied if these measures are insufficient.
(4) The decision on administrative detention shall be notified in writing to the person placed under administrative detention, or to their legal representative or lawyer, and shall state the reasons for detention and its duration. If the person placed under administrative detention is not represented by a lawyer, they or their legal representative shall be informed of the consequences of the decision and the procedures for objection.
(5) The period of administrative detention of an applicant may not exceed thirty days. Procedures concerning persons placed under administrative detention shall be completed as soon as possible. Administrative detention shall be terminated immediately if the conditions for it cease to exist.
(6) At any stage of administrative detention, the authority that issued the decision may terminate administrative detention and require compliance with the obligations set out in Article 71 or other measures.
(7) A person placed under administrative detention, or their legal representative or lawyer, may apply to the criminal judge of peace against the administrative detention. The application shall not suspend administrative detention. If the petition is submitted to the administration, it shall be immediately forwarded to the competent criminal judge of peace. The criminal judge of peace shall conclude the examination within five days. The decision of the criminal judge of peace is final. The person placed under administrative detention, or their legal representative or lawyer, may apply again to the criminal judge of peace on the grounds that the conditions for administrative detention have ceased to exist or have changed.
(8) A person placed under administrative detention pursuant to the second paragraph may receive visitors, subject to procedures and principles to be determined by regulation. The person placed under administrative detention shall be provided with the opportunity to meet with their legal representative, a lawyer, a notary and officials of the United Nations High Commissioner for Refugees.
Article 69 – Registration and Control
(1) Applications for international protection shall be registered by the governorates.
(2) At the time of registration, the applicant shall be obliged to provide accurate identity information and to submit to the competent authorities any identity documents and travel documents they have that may prove their identity. The applicant and their belongings may be searched to ensure compliance with this obligation.
(3) If the applicant has no document relating to their identity at the time of registration, information obtained by comparing their personal data and through inquiries shall be used to establish their identity. If no information regarding their identity can be obtained following identity inquiries, the applicant’s statement shall be taken as the basis.
(4) At the time of registration, information and documents shall be obtained concerning the reasons for the applicant’s departure from their country of origin or residence; events that occurred to them after leaving their country and led them to apply; the manner in which they entered Türkiye; the routes and means of transport they used; and, if they previously applied for or benefited from international protection in another country, that application or protection.
(5) The time and place of the interview shall be notified at the time of registration.
(6) An applicant considered capable of endangering public health shall undergo a health examination.
(7) (Repealed:18/10/2018-7148/35 art.)
Article 70 – Information for Applicants and Interpretation
(1) At the time of registration, the applicant shall be informed of the procedures to be followed in relation to their application; their rights and obligations during the assessment of their application; how to fulfil their obligations; the possible consequences of failure to comply with those obligations or to cooperate with the authorities; and the procedures and time limits for objection.
(2) If requested by the applicant, interpretation services shall be provided during individual interviews at the application, registration and interview stages.
Article 71 – Residence obligation and notification obligation
(1) The applicant may be subject to administrative obligations such as residing at the reception and accommodation centre designated for them, in a specified place or province, and making notifications in the required manner and within the required periods.
(2) The applicant is obliged to register in the address registration system and notify the governorship of their residential address.
Article 72 – Inadmissible application
(1) If the applicant:
a) has renewed the same application without putting forward a different reason,
b) after consenting to an application being made on their behalf, has made a separate application at any stage of the application without demonstrating just cause or, following the rejection of the application, without putting forward a different reason,
c) has come from a country covered by Article 73,
ç) has come from a country covered by Article 74,
a decision shall be taken that their application is inadmissible.
(2) If the circumstances specified in the first paragraph arise at any stage of the assessment, the assessment shall be discontinued.
(3) The decision that the application is inadmissible shall be served on the person concerned, their legal representative or their lawyer. If the person concerned is not represented by a lawyer, they or their legal representative shall be informed of the outcome of the decision and the procedures and time limits for objection.