Law 6458 on Foreigners and International Protection, Law No 6458, Article 64 provides that an applicant is excluded from international protection where any of the grounds in Article 64 apply. These include, in particular, exclusion on Refugee Convention Article 1F grounds (Article 64(1)(c) of the Law). Temporary Protection Regulation, Article 8 provides that a foreigner will not benefit from temporary protection, or will have temporary protection cancelled, where any of the grounds in Article 8 apply. 

Law 6458 on Foreigners and International Protection, Article 64(1)(c) excludes applicants where there is serious evidence that they are responsible for acts within Refugee Convention Article 1F, and Article 64(3) and Article 64(4) further provide for assessment of cruel acts committed outside Türkiye before the international protection application, irrespective of motive, and for exclusion in cases of participation in or incitement of the relevant crimes or acts. Temporary Protection Regulation, Article 8(1)(a) to (c) mirrors this structure for temporary protection. These grounds mirror the exclusion clauses of Article 1F of the 1951 Convention and do not establish grounds for exclusion from refugee or conditional refugee status that differ from the Convention.

Law 6458 on Foreigners and International Protection, Article 64(5) adds public order and public security risk, and serious crime committed previously in order to avoid punishment, as grounds for exclusion from subsidiary protection. These are not framed as exclusion from refugee or conditional refugee status. These grounds go beyond Article 1F as applied to refugee status: the public order and public security ground reflects considerations that the 1951 Convention addresses through expulsion under Article 32, and the exception to non-refoulement under Article 33(2), while the previous offence ground is framed in the Law as an additional domestic exclusion ground confined to subsidiary protection.

Temporary Protection Regulation, Article 8(1)(ç) to (ğ) adds further grounds, including continued involvement in armed conflict, terrorism related acts, serious crime and national security or public order or public security risk, relevant serious offences committed previously to avoid punishment, crimes against humanity decisions by international courts, and specified offences under Turkish Penal Code Part Four Chapter Seven. Temporary Protection Regulation, Article 8 sets out exclusion grounds for temporary protection that go beyond the Article 1F type exclusion grounds applicable to refugee status.

There are differential rules across protection categories. Family members are not automatically excluded solely because the principal applicant is excluded, unless the exclusion grounds also apply to them, per Law 6458 on Foreigners and International Protection, Article 64(6). 

Domestic law differentiates between statuses by attaching the public order and public security exclusion ground in the Law to subsidiary protection only, while the Temporary Protection Regulation contains a broader set of exclusion grounds for temporary protection. By contrast, persons may be excluded from refugee and conditional refugee status only on the Article 1F-equivalent grounds.

As explained above, exclusion grounds envisaged under Articles 64(3) and 64(4) of the Law 6458 on Foreigners and International Protection expand the exclusion grounds regulated under Article 1(F) of the 1951 Convention, and this expansion of the exclusion grounds are assessed to pose a challenge.