EDAL case summaries
Country of Decision: Cyprus
Country of Applicant: Iran
The Defendant faced two charges, that of a ‘prohibited immigrant’ and of illegally entering the Republic of Cyprus, whilst at the same time he had applied for asylum. With the aid of effective legal representation, he was found not guilty on both charges.
Date: 14-11-2016
Country of Decision: Cyprus
Country of Applicant: Iran
Keywords: Detention, Return
Non-collaboration on the part of a person detained for the purpose of return may not be used as a basis for indefinite detention. In such a case, prolonged detention without a reasonable prospect of return is arbitrary in light of Article 5(1)(f) ECHR.
Date: 22-08-2016
Country of Decision: Cyprus
Country of Applicant: Iran
Keywords: Detention, Return
Detention of migrants for criminal offences subject to return is lawful even if asylum-seeker status is subsequently acquired. The application of 2008/115/EC is then not mandatory and the detention’s duration is not addressed under Article 5 (1)(f) therefore is to be judged ad hoc.
Date: 31-03-2016
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