The evaluation of the readmission agreements to which Türkiye is a party within the frame of the principle of non-refoulement

In this study, the readmission agreements to which Türkiye is a party are discussed within the frame of the principle of non-refoulement and, also in this context, the function of readmission agreements in its struggle against the flow of irregular migration Türkiye faces both as a country of destination and transit and whether the desired results were achieved from the efforts made to ease the burden of irregular migration by sharing it with the other states parties and returning irregular migrants to their countries of origin or safe third countries are assessed and it was taken into account whether returning irregular migrants who are subject to readmission to their countries of origin or safe third countries via readmission agreements results in violation of the principle of non-refoulement, one of the most fundamental principles of international refugee law. In this context, the first chapter of the study examines the refugee concept and other relevant concepts and their meanings in both international law and Turkish law. Subsequently, the determination of refugee status and the international protection responsibility it imposes on states are evaluated. In chapter two, the principle of non-refoulement that underlies the protection responsibility due to it being the most fundamental right provided by the refugee status and the prerequisite for the use of other rights is examined in terms of its legal characteristics, the persons that it provides protection to, the states obliged to comply with it, actions prohibited within the scope of the principle, and its exceptions, in terms of international and municipal law. Subsequently the safe third country concept which underlies the sharing of protection responsibility of states and is the basis for the readmission agreements that are a means of sharing this responsibility, and the related first country of asylum concept are examined, followed by a general assessment of the concept of readmission agreement. In the third and final chapter of the study the readmission agreements to which Türkiye is a party are examined within the frame of the principle of non-refoulement. In this context, the agreements are individually evaluated, and an assessment providing general information on the agreements is made and then the agreements are evaluated in terms of the principle of non-refoulement by assessing whether the agreements refer to the principle explicitly by mentioning its content and elements or implicitly by referring to the fundamental principles of international law or to the international agreements that clearly mention the principle or give implicit references to it.