Cyprus – Supreme Court, 25th November 2015, Matondo Adam, v. The Republic of Cyprus, 555/2015

Country of Decision:
Country of Applicant:
Date of Decision:
25-11-2015
Citation:
Matondo Adam, v. The Republic of Cyprus (2015) SCC 555/2015
Court Name:
Supreme Court of The Republic of Cyprus (P. Panayi)
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Headnote: 

The Supreme Court quashed the detention and deportation warrants issued against a citizen from the Congo, following a number of prosedural failures by the Cypriot Government to comply with the Cap. 105 of the Alien and Migration Law and Directive 2008/115/EC, denying him the opportunity for voluntary departure.

Facts: 

The Applicant arrived in Cyprus on 04.02.2005 and filed his asylum application, claiming that he could not return to his country of origin due to fear of prosecution for demonstration in relation to elections in the country.

His application was rejected on 23.04.2012 due to a lack of credibility.

The Applicant’s subsequent appeals against the rejection of his asylum claim to the Refugee Reviewing Authority have also been rejected, as well as his request of judical review of that decision.

Subsequently, the Applicant was requested to leave the country immediately and although he was appealing against the asylum decisions, a warrant for detention and deportation was issued against him, due to his alleged irregular stay in Cyprus.

The Applicant is seeking annulment of the detention and deportation orders against him.

Decision & Reasoning: 

The judge decided that the steps that led to the decision for deportation were in breach of the procedure followed under Articles 18OD up to 18PTH of the Alien and Migration Law Directive, provisions which implemented the Return Directive. Specifically, the detention was unjustified as it was both lengthy and it was not used in order to facilitate return.

It was held that the appropriate return procedure had not been complied with, as no voluntary departure period had been offered to the Applicant, prior to him being arrested as an irregular immigrant. Only if the correct procedures were complied with, would the deportation be justified.

Also, the deportation order was ill-founded as not enough reasons had been provided for such a decision to justify such a conclusion.  To the contrary, the Applicant’s detention was repeatedly and unjustifiably extended, while the Applicant was appealing against the detention and deportation decision.

Outcome: 

Appeal granted.

Case Law Cited: 

Cyprus - Lahl Badh Shah v. Republic of Cyprus, 979 / 2012, dated 11.12.2013

Cyprus - Elie Jamil El Khoury v. Republic of Cyprus, 5710/2013, 06.25.2013

Cyprus - Mohammad Tajul Islam v. Republic of Cyprus, 997/2013, 9.7.2013

Cyprus - Ashagar v Republic of Cyprus, 762/2011, 30/06/2011

Cyprus - Kale Ekema Ngomba v Republic of Cyprus, 5630/13, 19/12/2014