What is the Prohibition of Refoulement in Foreigners Law?
In foreigners law, the prohibition of refoulement is a protective principle that prevents a person from being sent to a country where there is a serious risk to his life or fundamental rights. The evaluation is made not only according to the country of citizenship of the foreigner, but also according to the place where he is actually planned to be sent and his personal circumstances.
This protection does not mean that every foreigner will stay in Türkiye indefinitely. Administration; The risk claim, the current country information, the person's statement and the documents should be examined concretely, and the deportation process should be examined separately from the residence or international protection status. should be separated from . If the risk register has also turned into an administrative code restriction code removal process should be examined independently.
Legal Meaning of the Prohibition of Refoulement
The principle of non-refoulement is the principle of deportation to a place where a person would be subjected to torture, inhuman or degrading treatment, or where his life or freedom would be seriously threatened. It means not to send it. Law No. 6458 on Foreigners and International Protection regulates the effect of this principle in the field of international protection with persons who cannot be deported. The review is not just an abstract country assessment. The applicant's ethnicity, religion, political activity, gender, health status, family relationships and past events are considered together.
The ban on refoulement is not an ordinary excuse put forward against a deportation decision; to prevent irreparable damage if it occurs, but Ringing is a basic assurance.
What Risks Can Provide Protection?
Death penalty, torture, systematic ill-treatment, serious and individual threat posed by armed conflict, targeting or serious health risks are not taken into consideration. can carry em. However, general economic difficulties in the country, unemployment or the desire for a better life alone are not enough in most cases. It should be explained why the claim is real, imminent and foreseeable for the person. Just as the situation of everyone coming from the same country is not considered the same, having no problems in the past does not automatically indicate that there is no risk in the future.
In non-refoulement claims, Attorney Mehmet Emin Kurşun links general country information with the applicant's personal history, health condition and the concrete risk he will face.
How to Expose Personal Risk?
The first step is to describe the events in chronological order. Threatening messages, arrest or court documents, hospital records, membership records, news, witness information and previous applications may support the narrative. Failure to find the document does not automatically invalidate the claim; It should be explained why it cannot be provided and the consistency of the narrative should be maintained. Translations must be legible, the source of the document must be stated, and the link and date information of the digital materials must be kept.
Combination of Country Knowledge and Individual Expression
Current country reports from international organizations and reliable public sources show the general environment. However, the legal file is incomplete unless it explains how this environment affects the person concerned. For example, if there is conflict in a particular region, the person will be sent to that region, whether he can live safely elsewhere, and what his personal profile is. It is evaluated together with the risk it poses. It is more functional to present dated and verifiable information that is linked to the file, rather than copied general reports.
Health Status and Special Needs
Serious illness, pregnancy, advanced age, disability, trauma or the need for regular treatment may also be considered in the deportation assessment. Instead of just presenting a diagnosis document, the nature of the treatment, the consequences of its discontinuation, access to medication, and the actual treatment opportunity in the country to be sent should be explained. The current specialist report, drug prescriptions and control plan strengthen the file. Since a health claim may have different consequences in terms of both the risk of repatriation and suitability for travel, the claim must be made openly.
The Relationship Between the Prohibition of Refoulement and the Deportation Decision
The fact that a deportation decision has been made for the foreigner does not mean that the risk of refoulement will no longer be examined. After notification of the decision appeal against deportation decision The time starts to run out quickly. The provisions in the current legislation regarding the duration of the lawsuit, the form of notification and the execution of the decision should be checked together. In the petition, not only the illegality of the decision, but also the concrete and irreparable harm that will occur if the transfer occurs, must be explained with evidence.
Administrative Oversight is a Separate Procedure
A deportation decision and an administrative detention decision to be kept in a removal center are different legal procedures. Filing a deportation case does not automatically remove the person from the center in any case. The conditions of the restriction of freedom can also be examined before the criminal judgeship of peace. For the situation of the person in the center Ways to leave the removal center While evaluating, facts such as address, family ties, health and escape risk should be documented.
What Does International Protection Application Provide?
An application for international protection and a lawsuit against a deportation decision are not the same thing. An application for protection enables administrative authorities to evaluate a person's fear of persecution or serious harm; A deportation case checks the legality of a certain transaction. The narrative must be consistent, detailed and accurate to avoid the impression that the application was made solely to delay deportation. Applications, fingerprint records and decisions previously made in other countries should not be concealed; Their impact on the file should be evaluated.
In Attorney Mehmet Emin Kurşun's risk assessment, in addition to the general country reports, it also concretizes why the applicant could be a personal target.
Procedure to Follow in Application and Case File
- The entire notified decision and the notification date are recorded.
- The country or countries planned to be sent are determined.
- Personal risk narrative is prepared chronologically.
- Documents are classified with their translations and source information.
- Administrative applications, lawsuits and, if necessary, precautionary measures are carried out within the prescribed period.
- Address, telephone and file number changes are tracked.
It is important to separate the transactions in the field of foreigners law at these stages. An application made to the wrong authority or whose request is unclear can make the urgent need for protection invisible. Regular submission of documents makes it easier for the decision-making authority to review the claim and request additional information when necessary.
Common Mistakes in Evaluation
It is common to use general and repetitive expressions, mix up event dates, not make any explanations on the document, and assume that the risk can only be understood from country news. are mistakes. Contradictory narratives must be explained. Submitting a fake or altered document severely damages credibility. It may be natural that the applicant cannot remember every detail; It is better to state this clearly rather than guessing at the unknown point.
Post-Decision Status and Notifications
Failure to implement deportation due to the ban on refoulement does not automatically grant the foreigner a residence permit or the right to stay indefinitely. The administration also determines the status under which the person will stay in Turkey, address notification, signature obligation at regular intervals or other alternative measures. It may happen. The foreigner must carry the document given to him; Must notify the relevant authority of any changes in address, telephone number and family status in a timely manner.
Since risk conditions may change over time, both the administration and the foreigner should reflect current developments in the file. When a new medical report, family connection, country decision or security incident emerges, its connection with the previous application must be explained. If the reason for protection is deemed to have been eliminated, the application method and notification date against the new decision will be re-examined.
Continuity of communication with the person is also important in the protection assessment. Failure to access the document requested by the lawyer, family or authorized institution in a timely manner may result in an incomplete examination of the file. Therefore, up-to-date address and contact information should be kept, decisions in a foreign language should be translated without delay, and the date of each new notification should be recorded separately. In this way, different decisions regarding the same incident can be directed to the appropriate legal path without being confused.
For the correct execution of residence and notification obligations after the protection decision foreigners law processes should be followed in its entirety.
Frequently Asked Questions
Does the ban on refoulement apply to everyone?
The principle is taken into account for everyone; but the outcome of protection is determined by personal risk and concrete circumstances.
Is it enough to have a war in my country?
The overall security situation is important, but which region the person will be sent to and to what extent they will be affected individually are also examined.
When does the application period against a deportation decision start?
As a rule, the period starts with the duly notification of the decision. The current deadline and notification record should be checked without delay.
Can't I make a risk claim if I don't have documentation?
Lack of documents does not automatically prevent the application. The detail and consistency of the explanation and the reason why the document could not be found are important.
Does a health problem definitely stop deportation?
No. The severity of the disease, the impact of the journey, access to treatment and current medical records are evaluated together.
If administrative detention ends, will the deportation order be lifted?
No. Administrative detention and deportation decisions are separate procedures, and appropriate legal action must be taken separately for each.
This content is for general information purposes; It is not a guarantee of legal opinion or outcome. Since the periods and the method to be applied may vary depending on the concrete case, a professional evaluation should be taken based on current legislation.
