The Turkish Council of State’s Engagement with International Refugee Law in Cases Involving ‘Non-European’ Refugees

ABSTRACT This article explores the Turkish Council of State’s engagement with core specialized instruments of international refugee law in cases involving ‘non-European’ refugees, the group which falls outside Türkiye’s protection obligations under the 1951 Refugee Convention in accordance with Türkiye’s geographical limitation. Based on the systematic review of more than 110 Council of State judgments referencing different provisions of the Refugee Convention in cases that came before the court between 1998 and 2023, the article shows how this engagement has been a constant for the past three decades, despite being inconsistent in terms of its scope and effect at different times. The engagement is sometimes substantive, with the wording and the spirit of the Refugee Convention deciding the outcome of the case to the benefit of the non-European refugees concerned; at other times, it is self-serving, with the court drawing authority from the Convention to justify Turkish authorities’ restrictive measures or interpretations, as well as their assertion of authority. At yet other times, it evinces a non-substantive and no-cost engagement, referring merely in passing to certain provisions of the Refugee Convention as applicable law. Notwithstanding these inconsistencies, the court’s continued recourse to provisions of the Convention (even though Türkiye is not bound by them vis-à-vis non-European refugees) over time and to different effects suggests that Türkiye’s highest administrative court regards the Refugee Convention as a benchmark or standard to be followed, beyond what is required by Türkiye’s treaty obligations and domestic law.