The Supreme Court of Cyprus has ordered the immediate release of a Sudanese asylum seeker who had been held since 13 October 2025 after being deemed a threat to the Republic's public security.
The decision was issued on 17 July 2026, with the court granting an application for a writ of Habeas Corpus and finding that the applicant's continued detention was unlawful.
According to the ruling, the man entered Cyprus irregularly and applied for international protection on 5 June 2025. His asylum application remains pending.
Upon his arrest in October 2025, authorities informed him that he had been declared a threat to public security and that detention and deportation orders had been issued against him.
Repeated detention reviews
Court documents show that the Migration Department repeatedly reviewed the applicant's detention and sought updates from the police regarding the status of investigations and procedures relating to his case.
Authorities also requested that the Asylum Service expedite examination of his asylum application because of the length of his detention.
Police correspondence cited by the court stated that the applicant did not possess a passport, was not cooperating with efforts to leave the country and that there were no available flights at the time. Police also described his deportation as "very urgent".
Subsequent reviews concluded that alternatives to detention were not appropriate due to concerns relating to national security and public order.
Court acknowledges security concerns
The judgment notes that confidential material presented to the court, including a police report dated 12 October 2025, indicated specific concerns relating to the applicant's behaviour and activities and suggested links to matters of national security.
The court accepted that the reasons originally cited for his detention continued to exist.
However, it also pointed out that no deportation order had ever been executed and that, while his asylum claim remained under examination, he could not lawfully be removed from Cyprus.
No realistic prospect of removal
The Supreme Court stressed that detention must be of the shortest possible duration and remain justified by a realistic and lawful purpose.
It noted that throughout the applicant's detention there had been no significant developments, no prospect of return to Sudan and no indication from the Asylum Service as to when his application might be examined.
According to the judgment, there was also no reasonable prospect of deportation, even if the asylum application were ultimately rejected.
The court referred to previous case law stating that the fact an asylum seeker has not challenged the legality of a detention order does not mean the person may be detained indefinitely.
It further noted that detention becomes unjustified and unlawful where no meaningful progress is being made in processing the asylum claim.
Habeas Corpus granted
In its ruling, the court concluded that the applicant was not being detained simply because he was an asylum seeker, but because of public security concerns.
Nevertheless, it found that maintaining detention indefinitely while awaiting movement on the asylum application, without a reasonable prospect of either a decision or deportation, could not be justified.
Balancing the rights of the state against the rights of the applicant, the court ruled that the circumstances warranted the issuance of a writ of Habeas Corpus.
"The application is well founded, justified and approved. The requested writ of Habeas Corpus is issued. The competent authorities of the Republic of Cyprus are ordered to release the applicant immediately," the ruling stated.
The court also awarded legal costs, plus VAT where applicable, in favour of the applicant and against the Republic.
Source: CNA
