Bayraktar Attorneys is committed to providing legal assistance to individuals seeking international protection in Türkiye. In this guide, we explain the legal framework governing asylum in Türkiye, the categories of protection available depending on an applicant's country of origin, and the legal support available throughout the process.
Quick Answer: Türkiye is a party to the 1951 Refugee Convention but maintains a geographic limitation, meaning full Convention refugee status is granted only to people fleeing events in Europe. Applicants from other regions, such as Iraq, Afghanistan, Iran, or Somalia, instead apply for international protection under the Law on Foreigners and International Protection, Law No. 6458, which can lead to conditional refugee status or subsidiary protection rather than full refugee status. Syrian nationals are covered separately under the temporary protection regime. Since 10 September 2018, the Presidency of Migration Management, PMM, formerly known as the Directorate General of Migration Management, is the sole Turkish authority responsible for registering and deciding these applications; UNHCR no longer conducts registration or refugee status determination in Türkiye itself, though it continues to provide protection related support and counselling.
The right to seek asylum is protected by the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol. Individuals forced to leave their home countries due to a well founded fear of persecution can request protection from the authorities of their host country. Türkiye ratified the 1951 Convention, but it maintains a geographic limitation that it has not lifted, meaning full Convention refugee status under Turkish law is available only to people whose claim arises from events occurring in Europe. This distinction shapes the entire structure of Türkiye's protection system and is essential to understand before looking at the specific categories below.
This geographic limitation is one of only a small number that remain among the states party to the 1951 Convention, and its practical effect is significant: an applicant from outside Europe cannot be recognised as a Convention refugee in Türkiye in the same sense a European applicant could be, even where their underlying claim would otherwise clearly meet the Convention's definition of persecution. Instead, Turkish law developed the parallel categories described below specifically to extend meaningful protection to non-European applicants without formally lifting the geographic limitation itself.
Under the Law on Foreigners and International Protection, Law No. 6458, LFIP, Türkiye recognises several distinct categories: refugee status, reserved for those whose claim arises from events in Europe; conditional refugee status, for those fleeing events outside Europe who meet the Convention definition of a refugee, which does not grant permanent settlement in Türkiye but generally serves as a bridge toward resettlement in a third country; subsidiary protection, for those who do not qualify as a refugee or conditional refugee but would nonetheless face a real risk of serious harm if returned to their country of origin; and temporary protection, a distinct regime created specifically in response to the large scale arrival of Syrian nationals since 2011.
The Presidency of Migration Management, PMM, Göç İdaresi Başkanlığı, formerly known as the Directorate General of Migration Management, DGMM or GİGM, before its restructuring in October 2021, is the sole Turkish government authority responsible for migration and international protection matters. It is the agency that registers applications, conducts interviews, and decides the outcome of both temporary protection and international protection applications.
It is important to be precise about UNHCR's current role, since this has changed significantly and outdated descriptions are still common. Since 10 September 2018, UNHCR no longer registers applicants or conducts refugee status determination in Türkiye; this responsibility was fully transferred to what is now the Presidency of Migration Management. UNHCR continues to play a supporting role, including protection counselling, monitoring, and, in coordination with PMM, referrals for resettlement in cases identified as particularly vulnerable, but it does not itself decide an applicant's status in Türkiye. Any description suggesting an applicant will complete a refugee status determination form directly with UNHCR as part of registration reflects the process as it existed before September 2018 and is no longer accurate.
For individuals who underwent a status determination interview with UNHCR before this handover took place, that earlier UNHCR outcome does not itself determine the individual's current status or case before PMM; anyone in this situation should confirm their current status and next steps directly with the Presidency of Migration Management rather than relying on an outcome communicated by UNHCR years earlier.
Syrian nationals, along with stateless persons and refugees formerly habitually resident in Syria, who have been forced to leave Syria due to the ongoing conflict, are covered under Türkiye's temporary protection regime rather than the ordinary international protection procedure. This includes information and guidance on the rights, obligations, and procedures under this regime, as well as assistance with issues encountered during registration and its renewal. The temporary protection document generally prevents an individual from being forcibly returned to Syria against their will while their status remains valid, consistent with the principle of non-refoulement that underlies international protection more broadly.
Individuals from countries such as Iraq, Afghanistan, Iran, and Somalia, among others, generally apply under the ordinary international protection procedure established by the LFIP rather than the Syria specific temporary protection regime. This includes guidance on the applicant's rights and obligations, the official application and evaluation procedure, and legal advice and support where an application receives a negative decision, including the available appeal options before the courts.
Asylum seekers must register in person at the Provincial Directorate of Migration Management, İl Göç İdaresi Müdürlüğü, PDMM, in the relevant province. Applications must generally be submitted in writing, though the applicant's personal appearance and testimony remain central to the process; a request cannot simply be filed by an intermediary on the applicant's behalf without the applicant's own participation.
Where valid reasons for an irregular entry into Türkiye can be established, including a genuine need to flee persecution, this is generally taken into account and does not, on its own, result in criminal prosecution for the irregular entry itself, consistent with the protection against penalisation for irregular entry recognised under international refugee law. Once an application is registered, the applicant's continued presence in Türkiye becomes documented through an application or registration document issued by PMM, and the applicant will generally be scheduled for a formal interview at which they provide a detailed account of the reasons for seeking protection and any other relevant information. Depending on the outcome of that interview and the applicant's country of origin, the case will be assessed against the categories described in section 1.1 above.
For those who do not ultimately qualify for one of these protection categories, a humanitarian residence permit may offer an alternative route to a legal stay in Türkiye.
Legal support is relevant at multiple stages of this process: guidance during the initial application and evaluation procedure; representation in challenging a negative decision issued by the Presidency of Migration Management, including the available administrative and judicial appeal routes; assistance for individuals held in removal centres or administrative detention at airports or border crossings who wish to apply for temporary or international protection; and support for individuals with particular vulnerabilities, such as unaccompanied minors and survivors of, or those at risk of, gender based violence, whose cases generally require additional procedural safeguards under the LFIP framework.
No. Türkiye maintains a geographic limitation on the Convention, so full refugee status is available only to those whose claim arises from events in Europe. Others may receive conditional refugee status or subsidiary protection instead.
The Presidency of Migration Management, PMM, formerly the Directorate General of Migration Management, is the sole authority responsible for registering and deciding both temporary protection and international protection applications.
No, not since 10 September 2018. UNHCR now plays a supporting role, including counselling and, where relevant, resettlement referrals, but it does not decide an applicant's status in Türkiye.
No. Syrian nationals generally fall under the separate temporary protection regime, distinct from the ordinary international protection procedure that applies to applicants from other countries.
Where valid reasons for the irregular entry, including a genuine need to flee persecution, can be established, this is generally taken into account and does not on its own result in criminal prosecution for the entry itself.
In person at the Provincial Directorate of Migration Management, PDMM, in the relevant province.
Legal advice and support are available for challenging a negative decision, including the available administrative and judicial appeal routes, and this is an area where early legal assistance can materially affect the outcome.
Yes. Individuals with particular vulnerabilities generally benefit from additional procedural safeguards under the LFIP framework, and tailored legal support and advocacy is available for these situations.
Legal guidance and representation are available for individuals in this situation, including assistance understanding their rights, the applicable procedures, and the available avenues for appeal.
Conditional refugee status applies to those outside Europe who meet the Convention refugee definition and generally serves as a bridge toward resettlement in a third country, while subsidiary protection applies to those who do not meet that definition but would face a real risk of serious harm if returned to their country of origin.
Depending on the circumstances, a humanitarian residence permit may offer an alternative route to a legal stay, and this should be explored with legal counsel alongside or following the international protection process.
This is a separate but often related question for those rebuilding their lives in Türkiye, and specific legal guidance is available on how to do so properly within Turkish law.
Not automatically. Since the 2018 handover, the Presidency of Migration Management is the authority responsible for current status, so anyone in this situation should confirm their status and next steps directly with PMM rather than relying solely on an earlier UNHCR outcome.
Yes, relatively. It is one of only a small number of geographic limitations that remain among the states party to the Convention, which is part of why Turkish law developed the separate conditional refugee and subsidiary protection categories specifically for non-European applicants.
Seeking international protection is a fundamental right recognised under international law, but navigating Türkiye's specific legal framework, including its geographic limitation on the 1951 Convention, the distinction between temporary and international protection, and the current role of the Presidency of Migration Management as the sole deciding authority, requires accurate, up to date guidance rather than assumptions carried over from how the system operated years ago.
Bayraktar Attorneys is dedicated to providing legal support and guidance to individuals navigating the international protection process in Türkiye, ensuring that applicants understand their rights and have access to the legal resources needed to protect their interests throughout the process. We also assist those who need to legally transfer wealth and rebuild their lives in Türkiye. If you require legal assistance or have questions about seeking protection in Türkiye, please do not hesitate to contact us for expert advice and representation, including through our residence permit application services.
