07 September 2010 , Tuesday
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Residence Fees Charged to Asylum Seekers: Fee or Extortion?
25.10.2009


A refugee who receives a temporary residence permit in Turkey must pay the same fee as a manager of a foreign company working in Turkey. Turkey should abolish residence fees for asylum seekers and refugees who are given temporary residence in Turkey while their asylum applications are being examined or while they are waiting to be resettled in a third country.

Turkey charges residence fees to people who escape persecution in their countries of origin and take refuge in its territory.  The amount of the fee requested from asylum seekers and refugees,[i] who leave their families, culture and economic resources behind, is the same as the amount asked of high level managers who come to work in Turkey.

According to the Act of Fees,[ii] an asylum seeker or refugee who takes refuge in Turkey has to pay a fee of 306.30 TL every six months (288.15 TL for minors 15-18 years old) for a temporary residence permit. 135 TL is added to this fee to cover the cost of the residence permit booklet. Subsequently, the annual amount a refugee family with two children has to pay can be as high as 3,000 TL. Similarly, a refugee who stays in Turkey four years without being able to pay her residence fees will not be issued an exit permit to leave the country unless she pays almost 4,000 TL plus interest.

For asylum seekers and refugees, who do not receive the social support to meet their very basic needs like food, shelter, healthcare, clothing, and heating, and who have no real opportunity to work, it is impossible to pay these fees. Without a residence permits, they also face serious problems accessing basic services like education and health. They experience psychological problems accompanied by feelings of insecurity, and it becomes impossible for them to lead a life befitting human dignity.

It is shameful that Turkey perceives asylum seekers, who cannot even meet their own basic needs, as a potential income source. According to the last report of the Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg, this practice exists in only one other country in Europe. The Turkish Republic should abandon this shameful practice as soon as possible and asylum seekers and refugees should not be required to pay residence fees.

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The problems faced by asylum seekers and refugees living in Turkey unable to pay residence fees are summarized as follows:  

 

I – If you do not have legal residence, you cannot leave the country

 

First fee, then exit permit

Even if a refugee is accepted by a third country for resettlement and her air travel is arranged, authorities will not issue an exit permit to leave the country unless she pays her residence permit fees and fines. Thus, after escaping serious trauma in their countries, and living in Turkey between hope and hopelessness for years, the door to a new life is closed.

 

II – Without legal residence, you cannot access social services

 

First fee, then health, education, social support

In order for an asylum seeker to be examined and receive medical treatment, register her newborn baby, send her child to school, or get social support from the Social Assistance and Solidarity Fund or municipalities or other official institutions, she must have a Foreigner’s ID Number. However, that ID Number is preconditioned on the payment of required residence fees. Those unable to pay residence permit fees and unable to receive a Foreigner’s ID Number have no real possibility of accessing basic services and leading a life befitting human dignity.   

 

III – Without legal residence, you cannot work

 

First fee, then work permit

Although it is theoretically possible, in practice it is almost impossible for an asylum seeker or refugee in Turkey to receive a work permit.  Not only must they pay residence fees and receive a Foreigner’s ID Number to initiate the work permit process, but other administrative requirements and fees associated with the permit prove insurmountable. Once again the right to lead a life befitting human dignity and the right to work is infringed upon.

 

IV – The law allows asylum seekers to be exempt from residence fees, but the exemption is applied arbitrarily

 

The legal basis for the residence fee charged to asylum seekers and refugees is the Act of Fees, law number 492. According to Article 88(d) of the Law, persons who can prove that they do not have the means to pay the “residence tax” may be exempt from paying the fee.  In practice, exemptions are granted rarely, and because of the great discretion accorded authorities, rates of exemption vary tremendously between one city and another. Moreover, the process completely lacks transparency. Until now, requests under the Information Law, including the number of asylum seekers and refugees who are charged residence fees, the total amount charged, or the number of those who are exempted, have gone unanswered. Similarly, requests by the UNHCR to the Ministry of Foreign Affairs and the Ministry of Finance to abolish of residence fees for asylum seekers and refugees have gone unheeded.

 

Prof. Dr. Yakın Ertürk, Helsinki Citizens’ Assembly (HCA), Human Rights Research Association (İHAD), Human Rights Association (İHD), Human Rights Agenda Association (İHGD), Mazlum-Der, Association of Solidarity with Refugees (Mülteci-Der), Association for Solidarity with Asylum Seekers and Migrants, Amnesty International Turkey Branch



[i] Defined as those who are outside their country of nationality due to a well-founded fear of persecution on the basis of their race, religion, nationality, membership of a particular social group or political opinion, who are unable or, owing to such fear, unwilling to avail themselves of the protection of their country of nationality. This is the definition of “refugee” under the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol.

 

[ii] SECTION SIX / Passport, Residence Permit, Visa and the Ministry of Foreign Affairs Approval Fees

CHAPTER ONE / Liability.

 

Subject: Article 83 – Those who are listed in tariff no (6) to this law are subject to the fee for the passport, residence permit, visa and approval operations of the Ministry of Foreign Affairs. 

Liable: Article 84 – The passport, residence permit and approval fees shall be paid by the person who wishes the procedure to be executed.

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