Court orders release of Sri Lankan man detained in Cyprus

The Supreme Court of Cyprus has ordered the immediate release of a Sri Lankan man from detention, citing the risk of torture he could face if returned to his home country.

The court issued a habeas corpus order, overturning a prior decision to keep him in custody. It concurred with the asylum service’s assessment that the man should not be deported to Sri Lanka due to the threat of inhumane treatment.

According to the Supreme Court’s ruling, the case dates back to 2017, when the man successfully applied to renew his residence and work permit in Cyprus. However, his asylum application, submitted in February 2018, was rejected by the asylum service in 2020.

In May 2020, he appealed the rejection in the Administrative Court of International Protection, but the appeal was dismissed later that year. A second asylum application was also denied in January 2023, followed by the rejection of another appeal in March 2023.

On January 5, 2024, the man attempted to cross from the occupied areas of Cyprus into the Republic of Cyprus but was found to be living illegally in the country. He was subsequently arrested and detained at the Menogeia Detention Centre for illegal immigrants.

During his detention, the man made it clear that he did not wish to return to Sri Lanka. Despite this, on January 6, 2024, detention and deportation orders were issued. Authorities deemed continued detention necessary due to his refusal to comply with the prior deportation order.

On January 15, 2024, the man filed a new asylum application. However, another detention and deportation order followed on February 22, 2024.

In August 2024, his asylum application was once again rejected, although authorities acknowledged that returning him to Sri Lanka would expose him to the risk of torture. The asylum service advised against his deportation.

In September 2024, the man appealed this decision to the Administrative Court of International Protection, arguing that his continued detention was unlawful. He claimed the lower court had overlooked significant new evidence and misinterpreted the law, as the grounds for his detention were no longer valid.

The Supreme Court supported the asylum service’s conclusion that deporting the man to Sri Lanka would pose serious risks. The court referenced the principle of habeas corpus ad subjiciendum, which allows individuals to challenge unlawful detention.

Additionally, the court noted that the man’s nearly year-long detention was initially justified to facilitate deportation. However, with deportation deemed unfeasible due to the risk of torture, the rationale for his continued detention was undermined.

(Courtesy: Cyprus Mail)