Introduction

This study analyzes the questions regarding the existence of the right to apply for international protection (refugee status) and whether this right can be exercised, particularly while being held under administrative detention in a removal center or after a deportation decision has been made, in light of the judicial decisions presented. The reviews are based on relevant legislation and judicial practices, primarily the Law on Foreigners and International Protection No. 6458 (YUKK) and the jurisprudence of the Constitutional Court. The study aims to provide a comprehensive assessment by revealing the main findings, different perspectives, and important procedural details on this issue.

The examined judicial decisions indicate that the right to apply for international protection maintains its existence independently of the person’s administrative status (legal/illegal entry, visa violation, etc.) and their location (removal center, airport).

1. Right to Apply in a Removal Center and After a Deportation Decision

Court decisions demonstrate with concrete examples that this right can be exercised even under the most challenging circumstances. In the Constitutional Court’s decision dated 11/3/2020, the finding that the applicant “applied for international protection at the Ağrı Provincial Directorate of Migration Management Removal Centre” clearly proves the existence of this right. Similarly, in another Constitutional Court decision dated 18/11/2020, this situation was confirmed with the statement, “The applicant made an international protection claim on 19/6/2015 at the removal centre where they were detained” .

More importantly, it is accepted that a new application can be made even if there is a previously issued deportation decision against the individual. In the Constitutional Court’s decision dated 31/12/2020, the case of an applicant, whose previous application was deemed withdrawn and against whom there was a deportation decision, re-applying while under administrative detention was addressed, and it was stated in the following terms that this new application would halt the implementation of the deportation decision:

“On the other hand, due to the applicant re-applying for international protection while under administrative detention, it is undeniable that the provision in Article 80, paragraph (1/e) of Law No. 6458, which states; ‘The person is allowed to stay in the country until the appeal or judicial process is concluded,’ will be taken into consideration during the implementation of the deportation decision.“

This jurisprudence shows that the right to apply is not merely a right to request, but also provides an important procedural guarantee, granting the individual the right to remain in the country until the judicial process is concluded.

2. Legal Consequences of the Application and Procedural Process

From the moment an international protection application is made, the person’s legal status changes to “applicant”. As stated in the Constitutional Court’s decision dated 11/11/2015, this status provides the person with certain rights and guarantees under the YUKK.

Applications made in a removal center or after a deportation decision may be subject to an “accelerated assessment” procedure in accordance with Article 79 of the YUKK. The 1st Administrative Court of Izmir’s decision dated 10.12.2020 drew attention to this situation. This does not mean the application will be rejected; it merely indicates that the process will be expedited.

However, the existence of the right to apply does not mean that the request will be accepted. The application may be rejected if the applicant fails to provide binformation and documents to support their claims or cannot demonstrate a real risk of persecution (AYM, 31/3/2022).

3. The Role of the Principle of Non-Refoulement

One of the most emphasized safeguards in judicial decisions is the principle of “non-refoulement”. Even if a person’s international protection application is rejected and the deportation decision against them becomes final, the administration and the courts have an obligation to assess whether that person will face a risk to their right to life, torture, or ill-treatment in the country to which they will be sent. The decisions of the Edirne and Van Administrative Courts annulled such deportation actions, finding them unlawful because this assessment was not made. This principle confirms that the need for international protection can be invoked and must be considered even during the deportation process. As stated in the Constitutional Court’s decision dated 25.03.2025:

“The person to be deported must be given an effective opportunity to challenge the risks they may face in their country.“

Conclusion

In light of the judicial decisions reviewed, it is clearly understood that the right to apply for international protection in Turkey continues even in situations such as being under administrative detention in a removal center or having a deportation order. Judicial precedents demonstrate that this right is not merely a verbal right, but also a strong procedural guarantee that halts the deportation process and grants the individual the possibility to remain in the country until a decision is made on the merits of their application. The principle of “non-refoulement” stands out as an absolute guarantee that supersedes all processes and aims to protect the individual’s life safety. The only significant exception to this is the non-processing of individual applications from persons under the Temporary Protection regime. Consequently, the Turkish legal system and judicial practice effectively recognize and protect the right to apply for international protection, even under restrictive conditions such as administrative detention or a deportation order. An article suggestion.

Why is Expert Legal Support Necessary?

An international protection application is not merely an administrative request; it is a critical process that directly affects an individual’s freedom, safety, and right to life. The form, timing, and reasons contained within the application can determine the course of the judicial process. Incorrect or incomplete applications can lead to loss of rights and even the rapid implementation of deportation procedures.

Therefore, receiving support from an expert lawyer in their field at every stage of the process is of great importance. Lawyer support;

Ensuring the application is made legally compliant and complete,

Ensuring that the information and documents to be submitted are prepared correctly,

Ensuring that objection and judicial processes are conducted effectively,

Ensuring that the principle of “non-refoulement” is asserted most strongly in the specific case file.

Therefore, it is vitally important for individuals seeking international protection, even while in a removal center, under administrative detention, or after a deportation decision, to receive professional legal assistance to avoid losing their rights.