The entrance in to country and freedom of movement of foreign real persons at the Foreign Law of Turkey and Iraq

Within the scope of this study and in face of the increased negative criticism brought against Turkey and Iraq, we have examined how the foreign real persons have acquired freedoms for entering, residing and traveling in both countries.Subject of Study: Within the course of this study, we have especially examined and dwelt on the issues such as the principles applied for the recognition of rights and freedoms which are granted to the foreign persons and also other rights, freedoms and duties which are entrusted with the foreign persons in accordance with the foreign law and other laws of Turkey and Iraq.Furthermore, within the scope of current Turkish and Iraqi legislations, we have taken up at the scales of international, universal, regional agreements and conventions those matters related to the freedoms which had been already granted to the foreign persons for their entries, residence and traveling in Turkey and Iraq.If the obligations posed by the relevant articles of Passport Law are performed, then current Turkish and Iraqi legislation do not contain a special regulation which prevents the foreign real persons from entering into Turkey and Iraq if they have followed the normal legal procedures. However, due to the nature of Article-8 of Turkish Passport Law and Article-5 of Iraq Foreign Residence Law whereas both articles do grant a judicial discretion right to the administration within a very vast area, there exists a possibility to refuse the entrance of foreign persons.Similarly, in regard with the freedoms which had been granted to the foreign real persons to reside and travel in Turkey and Iraq, there exists a particular limitation in the Turkish and Iraqi laws which govern the residence of foreign persons. Therefore, within the scope of judicial discretion right which had been granted to the administration, there appears a possibility for refusing the residence permit demands of foreign real persons. The freedoms which had been granted to the foreign real persons so that they, after demanding a status of a refugee, an immigrant or a stateless, can enter, reside and travel in Turkey and Iraq, are also subjected to a particular limitation.There exists no possibility to be in the favor of criticism which was put forward by claiming that the Turkish and Iraqi laws which govern the residence of foreign persons, had presented some discriminations both in the national and international arenas. The Turkish and Iraqi legislations which govern the articles of foreign law, has been displaying a restrictive profile in respect with the right of foreign real persons to acquire the freedom for entering, residing and traveling in the countries of Turkey and Iraq.Key words: Foreign real persons, entry into country, freedom of movement, freedom of residence.