Date of publication:

09/07/2026

Türkiye

Do domestic laws and policies provide for protection from expulsion of refugees?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Domestic law does not create a stand-alone expulsion regime for refugees comparable to Article 32 of the 1951 Refugee Convention. Instead, refugees and other international protection beneficiaries fall under the general system of “deportation decisions” under the Law 6458 on Foreigners and International Protection, which permits deportation, subject to non-refoulement and specified exemptions, and provides for judicial review with suspensive effect.

Law 6458 on Foreigners and International Protection, Article 54(1) lists a wide range of grounds on which a deportation decision may be issued for foreigners generally, including overstaying a visa, cancellation of residence permits, working without a work permit, and violations of entry or exit rules. These grounds extend beyond “national security or public order” as framed in Article 32 of the 1951 Refugee Convention. However, for international protection applicants and international protection status holders, the specific rule in Article 54(2) is central.

For international protection applicants and international protection status holders, Law 6458 on Foreigners and International Protection, Article 54(2) provides that a deportation decision may be issued at every stage of international protection procedures where the person is assessed as falling within Article 54(1)(b), (d), or (k), namely terrorism or organized crime affiliation, posing a threat to public order, public security, or public health, or association with terrorist organizations defined by international institutions and organizations. In addition, Law 6458 on Foreigners and International Protection, Article 54(1)(a) covers foreigners who are evaluated as falling within the scope of Turkish Penal Code Article 59.

Two provisions operate as substantive constraints. First, Law 6458 on Foreigners and International Protection, Article 4 codifies the prohibition on return to a place where the person would face torture or inhuman or degrading treatment, or where life or freedom would be threatened for a Convention reason.

Second, Law 6458 on Foreigners and International Protection, Article 55 prohibits issuing a deportation decision for specified categories, including where there are serious indications of exposure to the death penalty, torture, or inhuman or degrading treatment, and for certain vulnerable persons such as trafficking victims in the support process and victims of serious violence until treatment is completed. Article 55(2) also allows the administration to impose residence and reporting requirements in respect of persons assessed under Article 55(1).

Law 6458 on Foreigners and International Protection, Article 53(2) requires that the deportation decision be notified with reasons to the person or their legal representative or lawyer, and requires that persons not represented by a lawyer be informed about the outcome, challenge procedures, and time limits.

Under Article 53(3), the person or their legal representative or lawyer may challenge the deportation decision before the administrative court within seven days of notification, and the applicant must also inform the authority that issued the deportation decision that an application has been lodged. The administrative court is required to decide within fifteen days, its decision is final, and, unless the person consents, deportation may not be carried out during the litigation period.

Law 6458 on Foreigners and International Protection, Article 52 confirms that foreigners may be deported to the country of origin, a transit country, or a third country.
Law 6458 on Foreigners and International Protection, Article 56 provides an “invitation to leave” mechanism, ordinarily allowing between fifteen and thirty days to depart, while excluding certain categories such as those considered a threat to public order, public security, or public health, or those who used false documents.

Law 6458 on Foreigners and International Protection, Article 57 permits administrative detention for removal in specified situations, sets a general maximum of six months with a possible extension, and provides notification and review requirements. Article 57/A establishes alternatives to detention, including residence requirements, reporting duties, guarantees, and electronic monitoring.

Finally, Law 6458 on Foreigners and International Protection, Article 60 governs execution, including escort to border gates, allocation and recovery of travel costs, possible retention of passports or other documents until deportation, and cooperation with international organizations.

    LAW & POLICY

    Related provisions of domestic law or policy

    Law 6458 on Foreigners and International Protection

    Legal provision

    Law 6458 on Foreigners and International Protection - Generic

    Law 6458 on Foreigners and International Protection - Generic

    Turkish Penal Code No 5237
    • Year: 2004
    • Type: Domestic law
    • Rights Category: Asylum, Freedom of movement, Housing, land & property, Liberty & security of person, Nationality, Integration & Public Affairs, Social protection, Work & Workplace rights
    • Link to external source: https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5237.pdf

    Legal provision

    Turkish Penal Code No 5237 - Generic

    Turkish Penal Code No 5237 - Generic