Constitution of the Republic of Türkiye Article 90 provides that duly ratified international agreements have the force of law. Where there is a conflict between domestic laws and duly ratified international agreements concerning fundamental rights and freedoms, the provisions of the international agreement prevail. Türkiye is a party to the 1951 Refugee Convention, which provides in Article 31 that refugees should not be penalized for illegal entry or presence if they come directly from a territory where their life or freedom was threatened, enter or are present in the country without authorization, present themselves to the authorities without delay, and show good cause for their illegal entry or presence.

Article 5 of the Temporary Protection Regulation is on non-punishment of illegal entry and stay and sets out that administrative fines must not be implemented to foreigners due to their irregular entry or stay, provided they are identified by competent units when entering into the country or they approach competent units by themselves in a reasonable period in order to be registered. The condition for non-punishment principle under temporary protection is to have valid reasons for not applying in a reasonable period. If there is no valid reason, then administrative fine is to be implemented.

In practice, many displaced persons who may need international protection are issued deportation orders under Article 54(1)(b),(d) or (k) without due evaluation under Articles 4 and 55. Recent Constitutional Court case law illustrates the need for a proper assessment under Articles 4 and 55 of Law No 6458 before removal. In Hüsam Ibrahim, the Constitutional Court found a violation of Article 17 of the Constitution where the administrative court had accepted the applicant’s removal to Syria on the basis of an unsupported finding that safe zones existed there.1 Similarly, in Abula Aizemati, the Court found a violation of Article 17 where the authorities had failed to assess properly the risk of removal to China, despite the deportation decision’s operative part allowing removal to the country of origin as well as to Kyrgyzstan or another safe third country.2

Under Article 9 of Law 6458 on Foreigners and International Protection, the Presidency of Migration Management is directly mandated to issue entry ban to foreigners who are deported from Türkiye, while the Presidency of Migration Management is granted discretion to impose entry bans against foreigners based on public order, public security or public health. For reasons of public order, public security or public health, the Presidency of Migration Management; for reasons of administrative fines and public receivables, the governorships may exert preliminary permission for admission into country. As such, if those foreigners try to re-enter Türkiye to claim asylum, they may not be allowed entry because of the previous entry ban.  

Article 68(1) of the Law 6458 on Foreigners and International Protection establishes that except for the specified basis, applicants must not be subject to administrative detention solely for lodging an international protection claim. Under Article 68(2) administrative detention decision may be issued even if asylum application is registered to determine the identity or nationality of the applicant in case of a serious doubt as to the accuracy of the information given by the person; or to prevent entry due to breach of terms and conditions of entry at the border gates; or when it is not possible to identify the elements of the grounds for their application unless subjected to administrative detention; or when the person poses a serious public order or public security threat. Administrative detention of international protection applicants must be an exceptional action, which cannot exceed thirty days under Article 68(5). 

• 1

  Hüsam Ibrahim (AYM, App No 2020/20131, 4 October 2023). https://kararlarbilgibankasi.anayasa.gov.tr/BB/2020/20131

• 2

  Abula Aizemati (AYM, App No 2022/108353, 1 October 2025). https://kararlarbilgibankasi.anayasa.gov.tr/BB/2022/108353.