Paphos, Cyprus. The Supreme Court ruled that the detention of a 26-year-old asylum seeker from the Congo had become unlawful after about 15 months, finding there was no realistic prospect of his deportation and ordering his immediate release.
Court decision and reasoning
In a decision issued last Friday but made public on Tuesday, the court ruled in favour of the applicant, concluding that his continued detention had gone “beyond what was reasonable”.
Entry, asylum application and employment
The man entered the Republic illegally but later presented himself to authorities and explained the reasons for his entry and stay. He applied for asylum on July 22, 2022 and remained at liberty while working at a shopping centre in Paphos.
Asylum status and arrest
Authorities later said his asylum application had been treated as tacitly withdrawn on November 12, 2024, with a rejection letter allegedly sent a week later. The applicant was arrested on February 11, 2025, when he visited the immigration service in Paphos to inquire about the loss of his asylum seeker status after being informed by his employer.
Detention orders and asylum proceedings
He was detained for illegal residence and served with detention and deportation orders the following day. He subsequently applied to reopen his asylum file and regained his status as an applicant for international protection.
The original detention order was cancelled and replaced in May 2025 with a new detention order under asylum legislation. Although his deportation order was suspended, his asylum request was rejected last June.
What impact do you think the ruling will have on how long asylum seekers can be held in detention?
