1. Case Information
- Court: Council of State (Danıştay), 13th Chamber
- File No. (Esas): E.2021/6789
- Decision No. (Karar): K.2023/9123
- Decision Date: March 10, 2025
- Relevant Legislation:
- Law No. 6458 on Foreigners and International Protection, Arts. 91–96 (Temporary Protection)
- Regulation on Temporary Protection, Art. 5 (Social Assistance Provisions)
2. Background
Under Turkey’s temporary protection regime—primarily applied to Syrians under Presidential Decree—beneficiaries are entitled to basic social assistance, including monthly cash support, free health care, and education services. The Regulation on Temporary Protection guarantees that once assistance is approved, payments continue without interruption for the duration of temporary protection status.
In practice, some local Social Assistance and Solidarity Foundations have suspended cash aid when a beneficiary’s temporary-protection card approaches or passes its nominal expiration date—pending re-validation of identity and status.
3. Facts of the Case
A temporary-protection beneficiary in Gaziantep applied for his second year’s cash assistance on time. The Foundation nonetheless froze his monthly payment upon card expiry, citing an administrative review. The applicant filed an administrative appeal, arguing that Regulation Art. 5 expressly prohibits suspension of ongoing assistance once temporarily protected status is granted.
4. Legal Issue
Can a Social Assistance Foundation lawfully suspend monthly cash aid to a temporarily protected foreign national during the card-renewal process, or must payments continue uninterrupted from the initial approval date?
5. Court’s Reasoning
- Clear Regulatory Text:
- Regulation Art. 5(3) provides that “social assistance already granted under temporary protection shall continue until the temporary protection status terminates.”
- Principle of Non-Retrogression:
- Suspending aid mid-stream would violate the right-based nature of temporary protection and undermine legal certainty.
- Statutory Purpose:
- The temporary protection framework’s humanitarian aim is to ensure basic subsistence; administrative delays in card-renewal must not deprive vulnerable persons of critical monthly support.
The Chamber concluded that any suspension mechanism would require explicit legislative authorization, which does not exist.
6. Decision
The Council of State annulled the Foundation’s suspension decision and ordered immediate reinstatement of monthly cash aid. It further instructed all Social Assistance Foundations to maintain uninterrupted payments until the beneficiary’s temporary protection status formally ends.
7. Practical Implications for Foreign Nationals
- Continuous Support: Beneficiaries need not worry about payment gaps during card-renewal, provided they applied before expiry.
- Administrative Guidance: Foundations must update internal procedures to trigger automatic payment continuation.
- Legal Remedies: Temporary protection beneficiaries now have a clear basis to challenge any wrongful suspension of aid.
8. How to Invoke This Decision in Practice
- Reference in Appeal Letter: Cite E.2021/6789, K.2023/9123 and Regulation Art. 5.
- Attach Decision Copy: Include the Council ruling when filing complaints to local foundations or applying to the Administrative Court.
- Monitor Renewals: Ensure applications for card renewal are submitted with proof of timely filing to prevent wrongful suspensions.
9. Conclusion
This landmark decision cements the principle that once social assistance is granted under temporary protection, it cannot be halted by routine administrative processes. It strengthens the procedural safeguards for hundreds of thousands of vulnerable foreign nationals in Turkey.