Newsroom
The Supreme Court of Cyprus has ordered the immediate release of an asylum seeker who had been detained at Larnaca airport since November. The ruling was made on January 23, 2025, after the applicant, an individual from Uganda, challenged his continued detention.
The asylum seeker arrived in Cyprus on November 11, 2024, traveling via Cairo. He had a 15-day Cypriot entry visa issued by the Cyprus Consulate in Nairobi, Kenya. However, upon arrival, immigration officials did not consider him a legitimate visitor and denied him entry. As a result, he was placed in a "structured confinement room" while awaiting his scheduled departure on November 14, 2024.
But instead of leaving, the applicant expressed his intention to seek asylum, claiming that his life was in danger in Uganda. He officially filed for international protection on November 19, 2024. The Asylum Service reviewed his application and rejected it on December 13, 2024. In response, he appealed the decision to the Administrative Court of International Protection (ACIP), maintaining his status as an asylum seeker.
Despite the ongoing appeal, the applicant remained confined at the airport. He filed a petition for habeas corpus, arguing that his detention was unlawful. He claimed that he was not allowed to leave the area without permission and was under constant police escort. While government services maintained that he was free to depart at any time, the applicant made it clear that he was not seeking to leave but was asking for international protection.
In its decision, the Supreme Court ruled that the applicant, as an asylum seeker with an ongoing appeal, had the right to be free. The court highlighted that the law prohibits the detention of asylum seekers solely based on their application status. It also pointed out that the applicant, like any asylum seeker, should be allowed to reside freely within the areas controlled by the Republic of Cyprus.
The court further criticized the authorities for not respecting the applicant’s legal right to free movement and residence in Cyprus. The applicant was not only detained unlawfully but was also deprived of the basic rights outlined in Cyprus’ asylum laws.
Ultimately, the Supreme Court granted the applicant’s request for habeas corpus, ordering his immediate release. In addition to this, the court awarded €1,000 in legal costs in favor of the applicant and against the Republic of Cyprus.
This decision underscores the importance of upholding the rights of asylum seekers in Cyprus, especially regarding their freedom of movement and protection under the law.
