In a landmark ruling published on Tuesday, 12 May, the Supreme Court of Cyprus ordered the immediate release of a 26-year-old Congolese asylum seeker who had spent roughly 15 months in administrative detention at the Mennoyia immigration facility. The Court found that, because a deportation order against the man was suspended pending appeal, there was "no realistic prospect" that his removal could be executed within a reasonable timeframe. The applicant had originally entered Cyprus irregularly in 2022, later legalising his status by lodging an asylum claim. That claim was deemed tacitly withdrawn in late 2024, leading to an arrest during a routine visit to the Paphos immigration office in February 2025. Although he subsequently reopened his asylum file, authorities kept him in detention under provisions allowing confinement of rejected applicants. Quoting European Court of Human Rights precedents, Cyprus’ top court stressed that detention linked to deportation must be strictly necessary and proportionate. It ruled that the 15-month period "goes beyond what is reasonable,” adding that even national-security concerns cannot justify indefinite confinement where removal is not imminent. The decision is expected to reverberate through Cyprus’ migration-management system, where several dozen long-term detainees are challenging the legality of their confinement. Human-rights groups welcomed the judgment, calling on the government to expand alternatives to detention such as reporting requirements or electronic monitoring. For global mobility and relocation teams, the case underscores the legal scrutiny surrounding protracted detention. Employees or family members caught in overstay situations may now have a stronger legal basis to contest extended custody, making early legal assistance and status-regularisation efforts even more critical.
Source: Cyprus Mail
