The Supreme Court ordered the immediate release of an asylum seeker who had been detained at Larnaca airport since November in a decision on January 23.
The applicant, originally from Uganda, arrived in Cyprus by air, via Cairo, on 11.11.2024. He held a Cypriot entry visa for 15 days, which had been issued to him by the Consulate of Cyprus in Nairobi, Kenya. However, during passport control, he was not considered a bona fide visitor, so he was not allowed to enter the Republic of Cyprus. Therefore, he was held “in a structured confinement room” until his departure, which was scheduled for 14.11.2024.
On the above date, the applicant expressed his intention to submit a request for international protection, which he did on 19.11.2024, claiming that his life was in danger in his country of origin. His request was examined by the Asylum Service on 13.12.2024 and rejected. The applicant was informed of this and filed an appeal against the decision with the Administrative Court of International Protection (ACIP), thus maintaining his status as an asylum seeker.
Given the continuation of his confinement at Larnaca airport, the applicant filed a petition for habeas corpus. He did not claim that he was being held for a long period of time, but that his confinement essentially constituted a detention and was unlawful and he sought his release. According to testimony, he could not leave the place where he was confined, except after requesting and being permitted to do so, while wherever he goes, this is done with a police escort. On the contrary, the competent services state that the applicant is free to depart from the Republic of Cyprus, whenever he decides to do so. However, this is not what the applicant seeks, but to be granted international protection status.
The Supreme Court states in its decision that the applicant, given the pending appeal to the D.A.D.P., is in the capacity of an asylum seeker. Consequently, he is entitled to remain free, as according to the legislation "the detention of an applicant solely on the basis of his capacity as an applicant is prohibited."
The Supreme Court underlines that the applicant's case is no different from any asylum seeker who has entered the territory of the Republic of Cyprus illegally, from any point of its territory. Nevertheless, the applicant is in fact detained, while he has "the right to reside in the areas controlled by the Government of the Republic, which right is valid from the date of validity of his application...".
It is also noted that the provisions of the legislation stating that an asylum seeker has the right to free movement and residence in the areas controlled by the Government of the Republic and that the applicant has the right to choose his place of residence and the obligation to inform the competent authorities of any change in his place of residence were not implemented. As the Supreme Court notes, “he was not only detained, but he was also deprived of the minimum rights provided for in article 9E(2)(a)2 of the Law and which regulate his right to free movement or residence in the territory of the Republic of Cyprus”.
"It is established that the applicant is being illegally detained in order to justify the approval of his application under consideration. Therefore, a writ of habeas corpus is issued, ordering the applicant to be released immediately," states the Supreme Court's decision, also awarding €1.000 in costs in favor of the applicant and against the Republic.
Source: KYPE
