Date of publication:
09/07/2026
Türkiye
Do domestic laws and policies provide for the continued protection of refugees for whom special arrangements have been made?
Assessment by population
Analysis
Domestic law provides for exclusion from international protection, and it also contains a specific rule that broadly reflects the exclusion and inclusion logic of Article 1D of the 1951 Refugee Convention for persons receiving protection or assistance from a United Nations organ or agency other than UNHCR, notably UNRWA.
Law 6458 on Foreigners and International Protection, Article 64(1)(a) provides that an international protection applicant is excluded from international protection if they are currently receiving protection or assistance from an United Nations organ or organization other than UNHCR.
Law 6458 on Foreigners and International Protection, Article 64(2) then provides the inclusion mechanism: where the protection or assistance in Article 64(1)(a) ceases for any reason, and the position of the persons concerned has not been definitively resolved on the basis of decisions of the United Nations General Assembly, those persons may benefit from the protection provided by the Law. This reflects the continuity of protection rationale in Article 1D, although the domestic wording is framed as the possibility of benefiting from the protection provided the Law rather than an automatic recognition outcome.
Law 6458 on Foreigners and International Protection, Article 64 is drafted as exclusion from international protection in general, rather than only exclusion from refugee status. This means the exclusion applies at the level of access to the international protection statuses under the Law while the condition in Article 64(1)(a) persists.
Law 6458 on Foreigners and International Protection, Article 64 creates differentiated treatment between applicants who are within Article 64(1)(a) and those who are not, because the former are excluded while they are receiving the relevant United Nations protection or assistance.
Even where Article 64(2) applies because the protection or assistance has ceased, domestic law does not create a bespoke status for this category. Instead, Article 64(2) provides that the persons concerned may benefit from the protection provided by the Law.
Domestic law reflects both the exclusion and the continuity logic corresponding to Article 1D through Article 64(1)(a) and Article 64(2), but it does so within the general international protection system and without a distinct domestic status for the Article 1D group.
Related provisions of domestic law or policy
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