An Overview and Discussion of the New Turkish Law on Foreigners and International Protection

Abstract

The object of this article is to offer a critical analysis of the impact of the 2013 Law on Foreigners and International Protection regarding the general status of aliens. The examination will focus on the provisions regulating the entry, residence and deportation of foreigners. Primarily, it undertakes a systematic comparison of the provisions of the new law and the relevant old legislation, aiming to evaluate the extent to which public policy priorities challenge the goal of bringing the new legislation into line with modern standards.1The second objective is to discuss whether the new legislation constitutes an amelioration of the status of foreign persons in Turkey in comparison with the old legal provisions. The regulation of international protection shall not be the part of our study, except where explanations in certain issues may necessitate reference to the provisions regarding international protection

Keywords

• Law on Foreigners and International Protection, status of aliens, entry of foreigners, residence of foreigners, deportation of foreigners

References

1. Aysel Çelikel-Günseli Gelgel (Öztekin), Yabancılar Hukuku, 18th ed., İstanbul, Beta, 2012, p.112.
2. See the Action Plan related to the application of Amsterdam Treaty, Journal Officiel des Communautés Européennes, n° C 19, 23.1.1999.
3. See, Çiçekli, Yabancılar Hukuku, pp. 194-195.
4. It has been maintained in doctrine that article 55 shall not be applied to deportation decisions issued by virtue of international agreement as it, here, clearly refers to deportations occuring in accordance with article 54: See, Nuray Ekşi, İstanbul, Beta, 2012, p.161.
5. It is generally accepted in doctrine that the notification of administrative acts is obligatory: See Kemal Gözler, İdare Hukuku Dersleri Bursa, Ekin, 2004, p.262; A. Şeref Gözübüyük and Turgut Tan, İdare Hukuku, Vol.2, İdarî Yargılama Hukuku, Ankara, Turhan, 2006, p. 508.
6. It has been announced by the European Court of Human Rights many times that Turkey has violated article 5 of the European Convention on Human Rights, because of the detention of the foreigners to be deported, without recognizing an effective right of appeal for the interned persons. See, Ekşi, Yabancılar ve Uluslararası Koruma Kanunu Tasarısı, pp.164-167.