Date of publication:

09/07/2026

Türkiye

Do domestic laws and policies provide for a legal status to refugees, authorizing them to stay in the country?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

The 1967 Protocol of the 1951 Refugee Convention, adopted on 4 October 1967, removes the geographic and time-based limitations foreseen in Articles 1(A)(2) and 1(B)(1) of the 1951 Convention, expanding the Convention to apply universally and protect all persons fleeing conflict and persecution. However, Article 1(3) of the 1967 Protocol allowed countries that had already ratified the 1951 Convention with the geographical limitation to maintain this limitation, which Türkiye has maintained and reflected in its domestic legislation.  

Law 6458 on Foreigners and International Protection, Article 61 provides that a person meeting the Convention grounds “as a result of events occurring in European countries” is granted refugee status following completion of the status determination procedure. The same Law distinguishes this from conditional refugee status for persons fleeing events occurring outside European countries. Law 6458 on Foreigners and International Protection, Article 3 defines “European countries” for the purposes of the Law, as members of the Council of Europe and countries that are determined by the President as European. This distinction reflects Türkiye’s maintenance of the geographical limitation to the 1951 Convention.

Law 6458 on Foreigners and International Protection, Article 62 provides that a person qualifying as a conditional refugee is permitted to remain in Türkiye until resettlement to a third country. This is an express statutory limitation that differentiates conditional refugee status from refugee status in terms of its built in orientation toward third country resettlement. 

Law 6458 on Foreigners and International Protection, Article 63 provides for subsidiary protection for persons who cannot be recognised as a refugee or conditional refugee, but who would face the death penalty, torture or inhuman or degrading treatment or punishment, or a serious threat arising from indiscriminate violence in situations of international or nationwide armed conflict, if returned. 

Law 6458 on Foreigners and International Protection, Article 83 provides that recognised status holders are issued an international protection status holder identity document containing a foreigner identification number. The identity document is not subject to fees and replaces a residence permit under Article 83(2). It functions as the core documentary basis for lawful stay and access to rights and services linked to status. 

Temporary protection is not framed as “refugee status” recognition, but it does create a legally recognised protection position for mass influx contexts. Law 6458 on Foreigners and International Protection, Article 91 provides the statutory basis for temporary protection, and the Temporary Protection Regulation sets out the modalities for registration and the temporary protection identity document, which serves as the documentary basis for lawful stay for the duration of temporary protection.The status itself is conditional on meeting the relevant legal definition and not falling within exclusion clauses. Law 6458 on Foreigners and International Protection, Articles 61 to 63 frame eligibility by reference to the relevant protection criteria in line with Article 1(A)(2) of the 1951 Convention, and Law 6458 on Foreigners and International Protection, Article 64 provides exclusion grounds. 

As regards documentation, Law 6458 on Foreigners and International Protection, Article 83 is framed as an administrative issuance mechanism tied to recognition of status, rather than a fee based benefit, and the identity document is treated in law and practice as foundational to proving lawful stay and accessing linked rights. The practical barrier is therefore less about formal fees and more about timely issuance, renewal practice, and the ability to maintain an active registration record. The principal differential treatment written into the Law is structural. Law 6458 on Foreigners and International Protection, Article 61 limits “refugee” status to events occurring in European countries, while Law 6458 on Foreigners and International Protection, Article 62 routes non-European cases into conditional refugee status, coupled with an express orientation toward remaining only until third country resettlement. 

In addition, Law 6458 on Foreigners and International Protection, Article 42(2) excludes refugees, conditional refugees, subsidiary protection beneficiaries, humanitarian residence permit holders, and persons under temporary protection from transition to a long-term residence permit. This creates a shared limitation across these categories that may affect long term security of stay compared with foreigners on ordinary residence pathways. Apart from the geographical distinction described above, the Law does not set out different recognition thresholds by age, gender, or other personal characteristics for the grant of refugee status itself. Differential treatment is, therefore, more likely to arise indirectly through procedural handling, vulnerability assessments, and the interaction of status with other administrative regimes, rather than through explicit, group based recognition rules in Articles 61 to 63.

Law 6458 on Foreigners and International Protection Article 83 does not set different validity periods by status type. Article 83(3) provides that the form, content, validity period, and extension rules for the status holder identity document are regulated by the Ministry. In addition, the Implementing Regulation provides that the status holder identity document is issued as a document that remains valid unless cancelled, and that it confers a right to stay in Türkiye without obtaining a residence permit for as long as it is valid (Implementing Regulation Article 93(1) and Article 93(2)).In any event, renewal and continued lawful stay are tied to the continuation of the underlying protection status and the maintenance of registration. 

Law 6458 on Foreigners and International Protection also provides that a person can lose the practical protection of status through cessation or cancellation mechanisms, and it allows deportation decisions to be taken at any stage of international protection procedures for defined security related grounds. Law 6458 on Foreigners and International Protection, Article 54(2) is the relevant basis for that latter point, and it is a central legal qualifier on the security of stay, even after recognition. 

    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

    Temporary Protection Regulation

    Legal provision

    Temporary Protection Regulation - Generic

    Temporary Protection Regulation - Generic

    Implementing Regulation No. 29656 of 2016, Law on Foreigners and International Protection

    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