The need to find a solution for cases involving minors who are unable to regularize their residence status in Cyprus, due to objective difficulties in obtaining the required travel documents, is highlighted in a report published on Thursday the Commissioner for Administration and Protection of Human Rights, Maria Stylianou-Lottidi.

As noted, the report was drafted following an investigation into a complaint submitted to the Commissioner’s Office by a representative of the organization “Democratic Embassy of Belarus in Cyprus,” regarding the inability to obtain residence permits for minor Belarusian nationals born in the Republic of Cyprus, as the issuance of the required passport necessitates their physical presence in Belarus—which, in many cases, is not feasible due to the political situation in the country.

According to the Commissioner, this inability results in the children being unable to obtain a residence permit, despite the fact that their parents reside legally in the Republic of Cyprus, thereby creating a situation of prolonged administrative and legal uncertainty, which may affect their access to fundamental rights and benefits.

The Report notes that the Department of Immigration acknowledges that Belarus no longer permits the issuance or renewal of passports through its consular authorities abroad and that, for this purpose, the physical presence of the individuals concerned in the country. It is noted, however, that Cypriot law requires the possession of a valid passport or other travel document for the issuance or renewal of a residence permit.

As noted, for humanitarian reasons, the Immigration Department accepts applications from adult Belarusians with expired passports; however, these applications remain pending until a solution is found. According to the Department, this practice cannot be applied to children born in Cyprus, as no passport has ever been issued for them by their parents’ country of origin, nor can their nationality be officially confirmed.

The Commissioner points out that, although the requirement to hold a valid passport is expressly provided for in the Aliens and Immigration Law, “the case at hand highlights the need to assess how this requirement is applied in exceptional circumstances where compliance is objectively impossible, especially when minors are affected.”

At the same time, it recalls that the United Nations Convention on the Rights of the Child requires that in all decisions concerning children, their best interests be a primary consideration, while also referring to the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, as well as the relevant case law of the European Court of Human Rights and the Court of Justice of the European Union.

Citing the relevant case law, the Commissioner notes that prolonged administrative uncertainty regarding residence status may raise issues regarding the effective protection of fundamental rights, adding that “the existence of objective obstacles to compliance with the formal requirements of immigration law does not relieve the administration of its obligation to seek solutions that ensure, in a substantive manner, the best interests of the child.”

In her conclusions, the Commissioner notes that “this situation may lead children into a state of administrative invisibility and prolonged legal uncertainty,” which is “incompatible with the State’s obligation to ensure the best interests of the child,” adding that “there is an urgent need to protect the affected individuals and find an administrative solution to regularize the residence status of minor children.”

She also notes that she does not disregard the Immigration Department’s position that individuals who claim a risk of persecution in their country of origin may apply for international protection even without a valid traveltravel document. She observes, however, that such an option “may lead to an absurdity regarding family unity and different statuses for family members.”

In her recommendations, the Commissioner calls on the Department of Immigration and the Deputy Ministry of Immigration and International Protection to consider adopting an administrative practice that would allow for the substantive review of applications forfor minors when the presentation of travel documents is objectively impossible.

It also recommends considering a special procedure to regulate the residence status of children born in Cyprus, the acceptance of alternative evidence of identity and nationality, as well as the possibility of granting temporary legal residence status until the matter is definitively resolved.

Finally, it points out that, in any case, it must be ensured that the pending status of minors’ immigration status does not affect their access to fundamental rights, such as education, health care, and other essential protection services.

The report, as noted, was forwarded to the Director of the Department of Migration and the Deputy Minister of Migration and International Protection, with the Commissioner recommending that the findings be reviewed with the best interests of the affected children in mind.

Source: CNA