The supreme court of Cyprus has ordered the immediate release of an asylum seeker detained at Larnaca airport since November 2024. The ruling was made on January 23, 2025, after the applicant’s legal team filed a habeas corpus request – a writ requiring a person under arrest to be brought before a judge or into court – citing the unlawful nature of his detention.

The asylum seeker, a Ugandan national, arrived in Cyprus on November 11, via Cairo, holding a 15-day Cypriot visa issued by the Cypriot consulate in Nairobi, Kenya. However, upon arrival, he was not granted entry at the immigration control as authorities did not deem him a legitimate visitor. He was subsequently placed in a detention room until his scheduled departure on November 14.

On that date, the applicant expressed his intention to apply for international protection, claiming that his life would be in danger if he returned to Uganda. His asylum request was submitted on November 19 but was rejected by the asylum service on December 13. The applicant appealed the decision, thus maintaining his status as an asylum seeker.

Despite his ongoing detention at Larnaca airport, the applicant filed a habeas corpus petition, arguing that his prolonged confinement amounted to illegal detention. He claimed he was not allowed to leave the restricted area without prior permission and was always escorted by a police officer when moving.

In contrast, authorities maintained that he was free to leave Cyprus at any time. However, the applicant was not seeking departure, but rather the granting of international protection status.

The supreme court ruled that, as the applicant’s appeal was still pending, he remained an asylum seeker and was entitled to freedom. The court referred to Cypriot law, which prohibits the detention of asylum seekers solely on the grounds of their application status. It noted that the applicant’s case was no different from that of any other asylum seeker who enters Cyprus unlawfully yet still holds the right to remain in the areas controlled by the Cypriot government.

The court also highlighted that the applicant’s rights, as set out under asylum law, had been violated. He had not been allowed the freedom of movement within the government-controlled areas, which is a basic right of asylum seekers in Cyprus.

The decision also pointed out that his detention had deprived him of the minimal rights guaranteed by the law.

The ruling concluded that the applicant’s detention was unlawful and ordered his immediate release. Additionally, the court awarded him €1,000 in legal costs to be paid by the government.