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Types of International Protection

1.      REFUGEE
A person who as a result of events occurring in European countries and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his citizenship and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his former residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it, shall be granted refugee status upon completion of the refugee status determination process.

2.      CONDITIONAL REFUGEE
A person who as a result of events occurring outside European countries and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it, shall be granted conditional refugee status upon completion of the refugee status determination process. Conditional refugees shall be allowed to reside in Turkey temporarily until they are resettled to a third country.
Turkey signed the 1951 Convention with a “geographical restriction” by using ıts right of choice for place which has been stipulated in Article 1 of the Convention. Accordingly, conditional refugee is a person who as a result of events occurring outside European countries alleges to be subject to conditions which are stated in definition of refugee and apply for international protection in Turkey until he/she is resettled to a third country.

3.      SUBSIDIARY PROTECTION
A foreigner or a stateless person, who neither could be qualified as a refugee nor as a conditional refugee, shall nevertheless be granted subsidiary protection upon the status determination because if returned to the country of origin or country of [former] habitual residence would
a) be sentenced to death or face the execution of the death penalty;
b) face torture or inhuman or degrading treatment or punishment;
c) face serious threat to himself or herself by reason of indiscriminate violence in situations of international or nationwide armed conflict;
and therefore is unable or for the reason of such threat is unwilling, to avail himself or herself of the protection of his country of origin or country of [former] habitual residence.
  
4.      TEMPORARY PROTECTION
Temporary protection shall be granted to foreigners who were forced to leave their countries and are unable to return to the countries they left and arrived at or crossed our borders in masses to seek urgent and temporary protection and whose international protection requests cannot be taken under individual assessment.
In Article 91 of the Law 6458, Temporary Protection may be provided for foreigners; (1) who have been forced to leave their country, cannot return to the country that they have left, have arrived at or crossed the borders of Turkey in a mass influx seeking immediate and temporary protection. (2) The actions to be carried out for the reception of such foreigners into Turkey, their stay in Turkey and rights and obligations, their exit from Turkey; measures to be taken to prevent mass influxes; cooperation and coordination among national and international institutions and organizations; determination of the duties and mandate of the central and provincial institutions and organizations shall be stipulated in a Directive to be issued by the Council of Ministers. In Point c, Article 105 entitled “Migration Policies Board and its duties” of the Law 6458; statement of “identify methods and measures to be employed in case of a mass influx” is used. Our efforts on the Directive to be issued by the Council of Ministers related to temporary protection have been still continuing.

3765   |   25/05/2015
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