Date of publication:
09/07/2026
Türkiye
Do domestic laws and policies provide for fair asylum procedures on appeal?
Assessment by population
Analysis
Law 6458 on Foreigners and International Protection, Article 80 provides that negative decisions taken under the international protection procedure are subject to administrative appeal and judicial remedy. It provides, as the general rule, that an administrative appeal may be lodged with the International Protection Assessment Commission within ten days of notification, and that judicial proceedings may be brought before the competent administrative court within thirty days.
Law 6458 on Foreigners and International Protection Article 80 provides that decisions taken under Article 68, Article 72, and Article 79 are not subject to the administrative appeal route. Decisions taken under Article 72 and Article 79 may be challenged before the competent administrative court within fifteen days of notification, while other international protection decisions may be challenged within thirty days. Decisions taken under Article 68 are challenged through the separate judicial route laid down in Article 68(7).
Law 6458 on Foreigners and International Protection, Article 80 provides a key fairness safeguard by recognizing a right to remain during the appeal phase, by providing that the person shall be allowed to remain in Türkiye until the conclusion of the administrative appeal or the judicial proceedings.
Law 6458 on Foreigners and International Protection, Article 78(6) provides that notifications on rejection of international protection applications must include the material reasons and legal grounds for refusal and that, where the person is not represented by a lawyer, they must be informed of the consequences of the decision and the procedures and time limits for appeal. This supports meaningful access to an effective remedy, because the person must understand why they were refused and how to challenge the refusal.
Law 6458 on Foreigners and International Protection Article 75(6) provides that interviews may be audio or visually recorded, and that interview transcript are drawn up at the end of each interview and a copy is given to the person interviewed. Separately, the Implementing Regulation Article 89 provides that an interview report is prepared after the interview is completed. This is relevant for appeals because it helps the person and any lawyer identify factual disputes and potential misunderstandings from the first instance interview.
Law 6458 on Foreigners and International Protection provides that applicants may be represented by a lawyer, and it provides a right for foreigners to request appointment of a lawyer under legal aid schemes of Bar Associations, per Attorneyship Law, if they are unable to hire a private lawyer due to financial constraints. This is important for appeal fairness given the short deadlines and the technical nature of the claims.
In practice, the fairness of appeal procedures may be weakened by barriers to timely legal assistance and by the effectiveness of the administrative appeal layer. For example, reporting on Türkiye notes that the International Protection Assessment Commission does not function as a full merits review body in practice, but examines the administration’s decision in terms of procedure and principle. It may reject the appeal or request the administration to review its previous decision in terms of procedure and principle. .
Practice based reporting also notes that the accelerated track is associated with very short litigation time limits and a final administrative court decision, which intensifies the consequences of any initial procedural barriers such as lack of early legal advice or incomplete access to the file.
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European Council on Refugees and Exiles, Asylum Information Database, ‘Regular procedure’ (Türkiye country report, last updated 29 July 2025) available at https://asylumineurope.org/reports/country/turkiye/asylum-procedure/procedures/regular-procedure/.
Related provisions of domestic law or policy
Attorneyship Law No 1136
- Year: 1969
- Type: Domestic law
- Rights Category: Freedom of movement, Liberty & security of person, Work & Workplace rights
- Link to external source: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=1136&MevzuatTur=1&MevzuatTertip=5
Legal provision
Attorneyship Law No 1136 - Generic
Attorneyship Law No 1136 - Generic
Law 6458 on Foreigners and International Protection
- Year: 2013
- Type: Domestic law
- Rights Category: Asylum, Documentation, Freedom of movement, Nationality, Integration & Public Affairs
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2016/en/114283?prevDestination=search&prevPath=/search?keywords=of+Law+6458+on+Foreigners+and+International+Protection&order=desc&sort=score&result=result-114283-en
Legal provision
Law 6458 on Foreigners and International Protection - Generic
Law 6458 on Foreigners and International Protection - Generic
Implementing Regulation No. 29656 of 2016, Law on Foreigners and International Protection
- Year: 2016
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://www.refworld.org/node/113662
Legal provision
Implementing Regulation No. 29656 of 2016, Law on Foreigners and International Protection - Generic
Implementing Regulation No. 29656 of 2016, Law on Foreigners and International Protection - Generic