LEGISLATION

Turkey legislation on immigration

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The movements of migration which nowadays have acquired an international qualification have placed at the top of the agenda not only in the migration-receiving states but also in all geographies through its political, social and cultural dimensions. Thus, having serious effects on societies, the aforementioned human movements have become the main determiner of international affairs and politics. Turkey, located on significant transit routes, is one of the countries which have become a focal point of the aforementioned population movements. The most remarkable example for that is the significant increase in the number of foreigners arriving in our country for various reasons. The number of foreigners entering into and exiting from Turkey is approximately 40 million while the number of foreigners residing in Turkey is over 5 million.

For foreigners, Turkey is a natural bridge connecting east and west due to its geographical position. The most important reason for this situation is due to the geopolitical importance of Turkey. Considering the migration routes, Turkey is a natural bridge connecting the East and the West for foreigners due to its geographical location. Another reason for this is Turkey’s growing economic power and political stability.

The position of Turkey as a “transit country” in terms of movements of migration has undergone some changes in recent years, thus our country has also become a “target country”.

In this context, like the examples in the world, a competent institutional structuring which improves and implements strategies and current policies towards area of responsibility; which is human rights-oriented, equipped with qualified staff and a strong infrastructure was required in terms of effective management of issues in the field of migration. Therefore, Turkey has put new regulations into force with the purpose of determining and implementing more efficient policies on migration. The most important of these regulations is Law No. 6458 on Foreigners and International Protection published in the Official Gazette dated 11.04.2013 and numbered 28615.

Law on Foreigners and International Protection has become an assurance for the rights of migrants and international protection seekers by basing an effective asylum and migration management on a strong legal ground. With this Law, the legal framework of the rights of migrants and refugees has been brought in line with the international standards. With this Law also Presidency of Migration Management has aimed to be organized in 81 provinces, 148 districts and abroad.

Presidency will carry on its activities with the aim of implementing policies and strategies regarding the migration area, facilitating the coordination between the institutions and organizations on these issues, carrying out the activities and actions regarding foreigners’ entry into and stay in Turkey, their exit and being deported from Turkey, international protection, temporary protection and the protection of the victims of human trafficking.


Presidency

The Presidency of Migration Management was established with the Law on Foreigners and International Protection numbered 6458, published in the Official Gazette dated 04/04/2013 and numbered 28615. Before the amendment, Article 103 of the Law regulated the establishment of the General Directorate. In order to comply with the amendments made in the Constitution, Article 103 of the Law on Foreigners and International Protection numbered 6458 regulating the establishment of the General Directorate was repealed with the Statutory Decree No. 703, which was published in the Official Gazette dated 09/07/2018 and numbered 30473. The provisions regarding the establishment of the General Directorate were re-regulated with Article 158 of the Presidential Decree No. 4 on the Organization of the Institutions and Organizations Associated, Related and Affiliated to the Ministry and other Institutions and Organizations, which was published in the Official Gazette numbered 30479 and dated 15/07/2018.

Presidential Decree No. 4 on the Organization of the Institutions and Organizations Associated, Related and Affiliated to the Ministry and other Institutions and Organizations;

ARTICLE 158
(1) The purpose of this section is to regulate the procedures and principles regarding the establishment, duties and authority of the Directorate General of Migration Management.

(2) The Directorate General for Migration Management has been established under the Ministry of Interior with a view to implement policies and strategies related to migration; ensure coordination between the related agencies and organizations in these matters; carry out the tasks and procedures related to foreigners’ entry into, stay in, exit and removal from Turkey, international protection, temporary protection and protection of victims of human trafficking. ''

With the Presidential Decree No. 85 published in the Official Gazette dated 29 October 2021 and numbered 31643, the status of the General Directorate was changed to the Presidency.


Migration Board

The Migration Policy Board established by Article 105 of the Law on Foreigners and International Protection No. 6458 dated 04.04.2013, under the chairmanship of the Minister of Interior; held five meetings on 15 February, 26 April, 16 November, 28 December 2017 and 20 February 2018.

With the transition to the Presidential Government System, the Migration Policy Board repealed with the Decree no. 703 was restructured under the name of “Migration Board” with the Presidential Decree No. 17 published in the Official Gazette dated 13 September 2018.

The Migration Board was added to subparagraph (h) of the 1. Paragraph of Article 522 of the Presidential Decree no. 1. Relevant article “Migration Board is responsible for determining Turkey’s migration strategies related with the foreigners and following the coordination and implementation; and is chaired by the Minister of Interior and consists of representatives from ministries, institutions and establishments determined by the Ministry of Interior. The Board shall convene upon the call of the Minister of the Interior.” is in force and obligatory.

The Migration Board held its first meeting with its new structure on 21 November 2018 under the chairmanship of the Minister of Interior. The Migration Board held its meetings with its new structure on 21 November 2018, 24 January 2019, 12 July 2019, 19 September 2019, 18 December 2020, 15 September 2021 and finally 9 June 2022 under the chairmanship of the Minister of Interior.

In line with the duties assigned to itself primarily, the Board made decisions on;

Starting the preparations for the creation of the migration strategy document,

Adoption of “Turkey’s Harmonization Strategy Document” and “National Plan of Action”,

Making arrangements for the issues within the scope of its duty regarding residence permits in various boards.

Also, the Migration Action Plan, which sets forth the current situation in the field of migration in detail, was presented to the board members.

Persons with special needs

ARTICLE 67
(1) Persons with special needs shall be given priority with respect to the rights and actions referred to in this Part.

(2) Adequate treatment shall be provided to victims of torture, sexual assault or, other serious psychological, physical or sexual violence, in order to eliminate the damage caused by such actions.

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