Cyprus Supreme Court Orders Release of Asylum Seeker After 15-Month Detention

The Supreme Court of Cyprus has ordered the immediate release of a 26-year-old asylum seeker from the Democratic Republic of the Congo, ruling that his 15-month detention had become unlawful. The court determined that there was no realistic prospect of deportation, as the deportation order remained suspended pending further legal appeals. The applicant, who initially entered the country illegally but later regularized his status by applying for asylum in July 2022, was arrested in February 2025 while inquiring about his status. Although his asylum claim was eventually rejected, the court emphasized that detention must be strictly limited and justified by due diligence. The judges stated that depriving an individual of liberty for such a duration is unconstitutional when removal is not feasible. This landmark decision reinforces the principle that detention linked to deportation cannot be prolonged indefinitely, even in cases involving national security concerns, if actual removal is not possible. The ruling highlights the tension between immigration enforcement and constitutional rights to liberty within the Cypriot legal framework.