The Supreme Court has ordered the immediate release of a Turkish national of Kurdish origin who had been detained since March 2025 for the purpose of deportation.
The decision cited the prolonged and unjustified length of his detention.
The court approved a request for a Habeas Corpus ad Subjiciendum warrant, describing it as “well-founded” and “justified”. It noted that the man had been in detention for 11 months, with no prospect of deportation at this stage.
According to the ruling, the applicant’s request for international protection was rejected on 31 October 2025. He filed an appeal with the Administrative Court for International Protection on 9 December 2025, with a hearing scheduled for 22 May 2026.
The applicant, through his lawyers, argued that his continued detention had become “illegal and/or unjustified and/or abusive”. The Supreme Court confirmed that it could examine whether detention had become unlawful, regardless of ongoing administrative proceedings or appeals related to his deportation.
The ruling highlighted that the applicant was not challenging the legality of detention or deportation orders themselves. Instead, his complaint focused on the excessive duration of his detention and the administrative handling of his case.
The court noted that deportation to Turkey is, in practice, extremely difficult, if not impossible, due to the specific circumstances of the case, administrative and diplomatic requirements, and the need to secure travel documents. The Supreme Court also stated that the applicant cannot be forced to consent to deportation.
An affidavit from an official at the Migration Department of the Deputy Ministry of Migration and International Protection, submitted by the Attorney General, confirmed that authorities had continued efforts to persuade the applicant to leave the country. However, the court said refusal to consent did not justify continued detention.
The decision emphasised that during the 11 months of detention, “not only were there no efforts to deport him, but no preparations were made to secure travel documents”.
The lawyer representing the Attorney General confirmed that deportation is unlikely before the May 2026 hearing of the applicant’s appeal.
The Supreme Court concluded that the detention period was not negligible. It reaffirmed that courts must ensure disputes are resolved within a reasonable time, as provided under Article 30 of the Constitution.
The court approved the applicant’s request and issued the Habeas Corpus ad Subjiciendum warrant, ordering the competent authorities of the Republic of Cyprus to release him immediately.