TORKiYE BAROLAR BiRÙ G%i. il - Türkiye Barolar Birliği Yayınları

VATANDAŞ LIK, GÖÇ, MÜLTECi VE YABANCILAR HUKUKUNDAK İ GÜNCEL GEL İŞMELERThe long wait for asylum decisions - 4,100 applicants from ARTIaE BYTurkey were awaiting a decision in 1997 - also meant insecurity PRASH SHAHof legal status under domestfc immigration laws. in the period1985-1990 ti-ıere was a 90 per cent chance of obtaining either fulIrefugee status (under the 1951 Convention) or exceptional leaveto remain (ELR), but this reduced dramatically by 1995-1996 toa less than 10 per cent chance of obtaining refugee status andELR combined (Wahlbeck 1999:74). Katsapou (1997:124) says forasylum appiicants from Turkey:"Signilicant numbers of Kurds from Turkey began to arrivein the UK in the iate 198os. Between 1987 and 1997, over 16,000Turkish nationals appiied for asylum. However, while 92 percent of applications decided in 1989 were granted, this figuredecreased tü 75 per cent in 1992 and to a mere 6 per cent in 1996.These figures clearly reveal a fundamental shift in Home Officepolicy towards Turkish Kurds."In fact, the 19905 had seen the enactment of different legalmeasures and changes in practice against asylum migrants whichresulted in a decline in overall grants of Convention refugeestatus or ELR (Shah 2000).16 Delays in decision making aiso meantthat many who were claiming asylum would wait for years fora dedsion and were present on so-called 'temporary admission'(TA), a kind of 'waiting iounge' without secure legal status.People waiting on TA could, however, be granted permissionto work (at the time, after six months) although opinion amonglegal practitioners already indicated that those working whileon TA would not benefit from Decision 1/8o of the AssociationCouncil (Guedalla 1993).17 The high refusal rate, combined withiow rates of removai, has meant irregular presence and a searchfor alternative ways of regularisation of residence status in16 ELR was replaced from 1 April 2003 by the two distinct statuses ofdiscretionary leave and humanitarian protection.17 iJnder Article il of Counci İ Directive 200319/EC of 27 ianuary 2003 layingdown minimu ı n conditions for the reception of asylum seekers, they shouldbe giyen the right to work after one year of delay in the asylum decision. rorasylunı seekers in the UK this represents a downgr-ading of the previouslymore favourable waiting period of six months for authorised e ı-nployment.311