to those who formerly resided in Syria who could provide original documents such as passports, or who
had been identified as Syrians/persons with a former residence in Syria within the scope of the Reception
and Identification Procedure, provided that the EU-Türkiye Statement and the fast-track border procedure
did not apply to their cases.300 The specific fast-track procedure (examination in the merits) is still
applicable to this day, though admissibility proceedings may precede it.
However, Joint Ministerial Decision 458568/2021, issued in December 2021 under Article 86 IPA,
designated Türkiye as a safe country for applicants from Syria, Afghanistan, Pakistan, Bangladesh, and
Somalia.301 This was reinforced by Joint Ministerial Decision no. 538595/2023, issued on December 15,
2023, on the “Determination of third countries characterised as safe and establishing of a national list as
defined in article 91 of Law 4939/2022.”302 As a result, applications lodged by those falling under the
provisions of the aforementioned JMDs are since firstly channelled through the admissibility procedure
to assess whether Türkiye is a safe third country and whether their cases are admissible and should be
examined on the merits (for more details, see also Safe Third Country).
1.3. Personal interview
Indicators: Regular Procedure: Personal Interview
1. Is a personal interview of the asylum seeker in most cases conducted in practice in the regular
procedure?
Yes
No
v If so, are interpreters available in practice, for interviews?
Yes
No
2. In the regular procedure, is the interview conducted by the authority responsible for taking the
decision?
Yes
No
3. Are interviews conducted through video conferencing?
Frequently
Rarely
Never
4. Can the asylum seeker request the interviewer and the interpreter to be of a specific gender?
Yes
No
v If so, is this applied in practice, for interviews?
Yes
No
According to the Asylum Code, the personal interview with the applicant may be omitted where:303
(a) The Asylum Service is able to take a positive decision on the basis of available evidence.
(b) It is not practically feasible, in particular when the applicant is declared by a medical professional
as unfit or unable to be interviewed due to enduring circumstances beyond their control.
Moreover, the law foresees that when the applicant is not in a position to continue the interview for reasons
attributable to him/her, “the interview is terminated”. In this case, the applicant is provided with the
opportunity to submit a written memo and supplementary evidence within five days.304 According to the
Asylum Code, the omission of a personal interview does not adversely affect the in-merits decision on the
application, in which the reasons for omitting the interview should be stated.305
The Asylum Code further provides that, where the interview has been scheduled within 15 days from the
lodging of the application and where the applicant is vulnerable, the authorities provide him or her with
reasonable time not exceeding three days to prepare for the interview and obtain counselling. The
possibility to request reasonable time is not granted to asylum seekers who are not vulnerable or whose
interview has been scheduled more than 15 days after the submission of the application.306
300
301
302
303
304
305
306
Information provided by the Asylum Service, 31 March 2021.
JMD 458568/2021, Gov. Gazette Β' 5949/16-12-2021.
JMD 538595/2023, Gov. Gazette B’ 7063/15-12-2023.
Article 82(7) Asylum Code.
Article 82(7) Asylum Code.
Article 82(9) Asylum Code.
Article 82(4) Asylum Code.
71
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents