Date of publication:

09/07/2026

Türkiye

Do domestic laws and policies provide for the recognition of refugee status on a prima facie basis?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Domestic law does not provide an explicit mechanism for recognizing refugee status on a prima facie basis. The Law 6458 on Foreigners and International Protection establishes an individual status determination system for international protection, including refugee, conditional refugee, and subsidiary protection, and does not contain a mechanism for granting refugee status on a group basis without an individual examination.

The Law 6458 on Foreigners and International Protection, Article 91, provides that temporary protection may be provided to foreigners who have been forced to leave their country, cannot return, and arrive at or cross Türkiye in the context of a mass influx. Article 91 further provides that the arrangements concerning admission, stay, rights and obligations, exit, and institutional coordination are regulated by secondary legislation. 

Within this framework, the Temporary Protection Regulation can be understood as a prima facie type protection arrangement in functional terms, because it is group based and does not require an individual refugee status determination as a condition for receiving protection under that regime. However, under Article 3 of the Law 6458 on Foreigners and International Protection, temporary protection status is not defined as one of the international protection statuses. The Temporary Protection Regulation, Provisional Article 1 sets out that Syrian nationals, and also stateless persons and refugees arriving from Syria due to events since 28 April 2011, are covered by temporary protection, even if they have lodged an international protection application. Provisional Article 1 also provides that, during the period in which temporary protection is implemented, individual international protection applications are not processed. The same rule is reflected in the Temporary Protection Regulation, Article 16.

    LAW & POLICY

    Related provisions of domestic law or policy

    Temporary Protection Regulation

    Legal provision

    Temporary Protection Regulation - Generic

    Temporary Protection Regulation - Generic

    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