The detention of a 26-year-old asylum seeker from the Congo has been deemed unlawful, culminating in his release after 15 months in custody. The Supreme Court’s ruling followed an assessment that there was no realistic prospect of his deportation.
In a decision announced last Tuesday, the court concluded that the man’s continued detention had exceeded reasonable limits. The asylum seeker, who had entered the Republic illegally, had previously presented himself to authorities, detailing his reasons for seeking refuge.
Asylum seeker: A Journey Through the Asylum Process
Having applied for asylum on July 22, 2022, the man initially lived freely while working at a shopping centre in Paphos. However, complications arose when authorities indicated that his asylum application had been treated as tacitly withdrawn on November 12, 2024, with a rejection letter purportedly sent shortly thereafter.
His situation took a turn on February 11, 2025, when he visited the immigration service in Paphos to clarify the status of his application, prompted by concerns from his employer. Instead of receiving assistance, he was arrested for illegal residence and faced detention and deportation orders the following day.
Legal Battles and Court Findings
Following his arrest, the asylum seeker sought to reopen his asylum file, successfully regaining his status as an applicant for international protection. A new detention order was issued in May 2025, although his earlier deportation order had been suspended. Nevertheless, his asylum request faced rejection in June.
When the case reached the Supreme Court, the asylum seeker’s legal representation argued that his prolonged detention was “unlawful, unjustified and abusive”. They contended that there was no realistic possibility of removal, an argument that resonated with the court.
Supreme Court’s Emphasis on Liberty
The Supreme Court highlighted that any detention linked to deportation must be strictly limited and justified only when authorities demonstrate due diligence in pursuing removal. The court underscored the constitutional right to liberty, asserting that deprivation of liberty should occur for the shortest possible duration.
In its ruling, the court acknowledged that a detention period of 15 months is “not negligible” and noted that deportation could not be realistically executed while the deportation order remained suspended and the applicant’s appeal was pending.
Implications Beyond This Case
The court’s decision further indicated that even cases involving national security concerns do not warrant prolonged detention when the likelihood of deportation is minimal. This ruling marks a significant moment in the ongoing discourse surrounding asylum seekers and their treatment under the law.
