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- Title
ULUSLARARASI KORUMA VE GEÇİCİ KORUMA STATÜLERİ ALTINDAKİ YABANCILARIN SINIR DIŞI EDİLMELERİ.
- Authors
KARACA, H. Akif
- Abstract
Refugees, conditional refugees and foreigners under subsidiary protection are owners of international protection status and they can be deported in restricted situations due to specific characteristics of their status. These situations are described in our regulations as being a member, leader or supporter of a terrorist or benefit-oriented criminal organizations or being affiliated to organizations that were regarded by international organizations as a terrorist organization or becoming a threat for the public policy, public security and public health of the country. Administrative authorities has discreationary power in these cases. Moreover, applicants of international protection status should be deported i f t hey c an n ot g et t his s tatus a nd owners of international protection status should be deported if their status is expired or cancelled. There is no discreationary power of administrative authorities in these situations. There is no provision that enables deportation of foreigners under temporary protection in our regulations. Nevertheless, taking into consideration that temporary protection status is more narrowscoped than international protection status, a provision should be added to our regulations that enables deportation of foreigners under temporary protection status. Non-refoulement principle has special significance for deportation of foreigners under international or temporary protection status. These people can not be sent to a country where they will encounter torture or cruel and inhumane punishment and treatment or where their life and freedom is under threat as a result of their ethnic origin, religion, nationality, political thoughts or being a member of a social group. These people can only be deported to a safe third country.
- Publication
Uludağ Journal of Economy & Society / Uludağ Üniversitesi İktisadi ve İdari Bilimler Fakültesi Dergisi, 2018, Vol 37, Issue 2, p141
- ISSN
1301-3386
- Publication type
Article