The decision to "consider the application withdrawn''
- Umut Tamer Topuz

- 3 Oca 2022
- 2 dakikada okunur
Güncelleme tarihi: 9 Ağu 2023
The decision to "consider the application withdrawn" is an international decision that the Immigration office has taken before any decision was made on the applicant requesting international protection.
It is the exclusion of these people from the international protection system by identifying people who allegedly do not comply with the rules set out in the law or relevant legislation, by their implicit amendment will that they will not follow the law or relevant legislation for international protection. The Office of immigration (TR) declares that he will start deportation proceedings in violation of the law. However, it should be noted that the Law on Foreigners and International Protection No. 6458 (m. 79/4), it is clear that "applications for international protection that will be submitted again after the adoption of this decision will be subject to accelerated consideration ". The decision to consider the application withdrawn is only a determination. (Council of the EU Procedural Directive)
However, the main reason for the lawyers opening a case against the Immigration office for The decision to "consider the application withdrawn '' is because the actions of the Immigration offices are incompatible with the regulation in the law in practice. Without a case opened against this decision they are not accepting the foreigner to re-apply for a new application for international protection.
Also after the notification of the decision to ''consider the application withdrawn'', the international protection applicant identity card is canceled from the system without waiting for the decision to be finalized.
These actions create a heavy workload on both the administration and the judiciary system.
Normally, If the applicant wishes, it should be possible for them to have access to the international protection procedures again as provided in Article 77-79 of the law, without objecting to the decision or going to court against the consider the application withdrawn status taken by the immigration office. The new international protection of the applicant's application must be taken by the immigration office and the evaluation should be completed urgently or the option of removing the review from the accelerated evaluation as provided for in the Law should be considered.



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