KÜHEYLAN HUKUK
What can a foreigner whose international protection application is rejected do? UKDK Objection and Case Process in the Administrative Court Law No. 6458 on Foreigners and International Protection Art.65, Art.72, Art.77-80; Article 32 of the Administrative Procedure Law No. 2577 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Rejection of an international protection application often means a risk of deportation for the foreigner. Article 80 of Law No. 6458 provides two ways against the rejection decision: administrative appeal to the International Protection Evaluation Commission within ten days from the notification and litigation in the administrative court. For unacceptable application and accelerated evaluation decisions, the period is limited to fifteen days. Staying in the country is allowed until the objection or trial is concluded. Since the deadlines are very short, the legal evaluation must begin on the day the rejection decision is notified.
On what grounds is an International Protection Application Rejected?
The application may be rejected on merits or procedural grounds. The main rejection and termination situations in the law are as follows:
Evaluating the merits of the application and deciding that the protection conditions are not met (Art. 78),
The application is found inadmissible: renewal of the same application, making a separate application without different justification, application of the safe third country or first country of asylum rule (Art. 72, Art. 73, Art. 74),
The application is considered withdrawn: cases such as not attending the interview three times without an excuse, escaping from surveillance, failure to fulfill the notification obligation three times (Art. 77), Negative decision as a result of accelerated evaluation (Art. 79).
Decisions are individual. In family applications, the file is evaluated as a whole. In a negative decision, the financial justification and legal basis are stated. If the applicant is without a lawyer, objection procedures and deadlines are also stated in the decision text (Art. 78/6).
What are the remedies and deadlines against a rejection decision?
Article 80 of Law No. 6458 stipulates different periods depending on the type of decision:
Rejection on merits (Art.78) 10 days from the notification, UKDK Administrative court, 30 days
The law also regulates that applications under Articles 72 and 79 must be concluded by the court within fifteen days and the decision must be final. Duration calculation is made according to the notification date. It should also be examined whether the notification is in accordance with the procedure.
Can a Foreigner Stay in Türkiye During the Objection or Case?
Yes. Subparagraph (1)(e) of Article 80 regulates the permission to stay in the country until the objection and trial are concluded. Additionally, the prohibition of refoulement (Article 4) prohibits sending a person to a place where there is a risk of torture or inhuman treatment. However, the situation may be different if the application is deemed to have been withdrawn, the person has escaped from surveillance, or a separate measure has been taken due to public order.
Once the rejection decision becomes final and there is no right to stay, a deportation decision may be taken in accordance with subparagraph (i) of the first paragraph of Article 54. An appeal against this decision can be made to the administrative court within seven days from the notification. The deportation process is explained in a separate guide.
Which Court to Apply to?
Regarding the court in charge of the annulment case against UKDK objection decisions, the 10th Chamber of the Council of State has adopted a clear approach in its decisions numbered E.2025/5465, K.2025/5361 dated 18.11.2025 and E.2025/5083, K.2025/4839 dated 27.10.2025. According to the justification of the chamber, the annulment case filed against the UKDK's decision to reject the objection does not fall within the first instance jurisdiction of the Council of State. The competent court is the administrative court, and in accordance with the first paragraph of Article 32 of Law No. 2577, the competent court is the Ankara Administrative Court. In these decisions, the Council of State rejected the case in terms of jurisdiction and sent the file to the Ankara Administrative Court.
This decision shows that a lawsuit filed in the wrong court will waste time. Since the deadlines are short, it is important that the first application be made to the correct court. The individual situation of the foreigner, the risk in the country of origin and the adequacy of the justifications are evaluated according to the evidence of the relevant file.
Why Should the File Be Prepared Strongly?
The decision of the 10th Chamber of the Council of State dated 21.12.2020 and numbered E.2018/4066, K.2020/6573 is a reversal in favor of the administration. In the decision, it was emphasized that international protection assessment should be made individually. For this reason, the following issues must be presented with concrete documents in the objection and lawsuit petition:
General situation and personal threat in the country of origin, Deficiencies or contradictions in the interview minutes, Why the application cannot be considered unacceptable or withdrawn, Why the internal relocation alternative is not applicable (Art. 78/4).
judicial remedy 30 days for the main decision; 15 days for Article 72 and Article 79 decisions
competent court Ankara Administrative Court in UKDK decisions (Decisions of the 10th Chamber of the Council of State)
Case Summary Form: Fictional example: The file of a foreigner who applied for international protection is deemed to be withdrawn on the grounds that he did not attend the interview twice and did not fulfill his notification obligation. The foreigner documented that he could not attend the interview due to his illness, but did not apply within ten days after the decision was notified. Process: The lawyer examines the date of notification and the procedure for notification. If within the period, an administrative objection can be filed to the UKDK and a lawsuit can also be filed in the administrative court. Excuse documents are submitted to the file. Result: If the deadline is missed, the second application may be deemed inadmissible and the deportation process may begin. For this reason, the legal evaluation to be made in the first days is decisive.
How many days does it take to appeal when an international protection application is rejected?
According to Article 80 of the Law, administrative objections can be made to the UKDK within ten days from the notification of decisions on merits. The period for judicial proceedings is thirty days. Fifteen days are essential for unacceptable and accelerated evaluation decisions. Is it possible to stay in the country after the rejection decision? Stay is allowed as long as the objection or lawsuit is pending. A deportation decision may be taken for the foreigner who no longer has the right to stay at the end of the process.
In which court can a lawsuit be filed against the UKDK's decision?
According to the decisions of the 10th Chamber of the Council of State dated 2025, the competent court is the administrative court and the competent court is the Ankara Administrative Court.
Can a second application be made for the same reason?
Renewing the same application or submitting a separate application without a different justification is an unacceptable reason for application. If there is a new fact, this must be clearly shown in the application.
Is it possible to work while applying for international protection?
The applicant may apply for a work permit six months after his application within the framework of the provisions of Law No. 6735. Working without permission will result in separate sanctions.
Does a rejection decision mean a deportation decision?
No. A refusal decision is not sufficient for deportation until the right to stay expires. A separate deportation decision may be made for those who no longer have the right to stay, and there is a short-term appeal against this decision.
Missing the ten-day administrative objection or fifteen-day lawsuit period.
Failure to examine the date of notification and the legality of the notification.
Filing the case before a court without jurisdiction or jurisdiction.
The application is deemed to be withdrawn due to failure to comply with interview calls and notification obligations.
Failure to submit country of origin information and personal threat documents to the file.
In international protection rejection decisions, time periods are measured in days and incorrect procedure may have permanent consequences. Objection, lawsuit and defense against deportation are complementary steps. Küheylan Law Firm provides legal support in the preparation of UKDK objections and administrative court cases against international protection rejection decisions, review of withdrawal and inadmissibility decisions, and execution of applications in the deportation process.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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