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Illegal Immigrant in Cyprus Denied Asylum - Supreme Court Rejects Habeas Corpus

Published January 12, 2026, 08:13
Illegal Immigrant in Cyprus Denied Asylum - Supreme Court Rejects Habeas Corpus

The Supreme Court of Cyprus rejected an application for a habeas corpus warrant filed by a Congolese national who has been in custody since February 2025. The applicant had entered the Republic of Cyprus illegally through the occupied territories and had applied for asylum in 2022, which was subsequently withdrawn silently in November 2024. The applicant argued that his detention was illegal, as the authorities had not reviewed his detention or investigated alternative measures. The Republic, on the other hand, argued that the application was abusive and that the detention was lawful, reasonable, necessary, and proportionate. The Court found that the applicant is now being held under a warrant issued in May 2025, due to the rejection of his asylum application, and not under the original February 2025 warrant. Therefore, the detention is presumed lawful until overturned in the context of his pending appeal. Furthermore, the Court ruled that the duration of the detention, approximately ten months, does not exceed the limits set by law and the European Returns Directive, given that the removal process is being pursued diligently and regular reviews are being conducted. The authorities found that there is still a risk of flight.