The Supreme Court ordered the immediate release of an Iranian national who had been detained for 12 months pending deportation, ruling that his continued detention had become unlawful, as the competent authorities had failed to adequately document their actions regarding his return or the prospects for completing the process.
In the ruling issued yesterday, Wednesday, the Court granted the petition for a writ of habeas corpus, which sought the petitioner’s release.
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As stated in the ruling, the petitioner had arrived in the Republic of Cyprus in 2000 and, in the years that followed, had submitted various applications for residence and work permits, while proceedings had been initiated for his deportation and detention.
In September 2025, detention and deportation orders were issued. In February 2026, the Iranian national filed an application for international protection, after which a new detention order was issued against him. His application for asylum was rejected in May 2026.
The competent authorities maintained that his detention was regularly reviewed and that efforts were being made to secure a travel document from the Iranian embassy, so that his return could be facilitated. They also noted that the applicant did not possess a valid travel document and was not cooperating with the authorities regarding his repatriation.
The Supreme Court, however, noted that as of June 2026, “there appears to be a consistent position on the part of the competent authorities that efforts are being made to issue a travel document for the applicant and to carry out his return.”
He added that these statements were general and were not accompanied by specific details. As he noted, they were phrased “in entirely general and vague terms,” and the facts of the case did not reveal exactly what actions had been taken or what the prospects were for completing the return process.
The Court also clarified that the references made by the Republic during oral arguments regarding the efforts and difficulties involved in deportation did not constitute evidence and, therefore, could not be taken into account.
In its decision, the Supreme Court emphasized that the detention of a person in the context of international protection proceedings must be as brief as possible and continue only for as long as the legal grounds permitting it. It further stated that administrative procedures must proceed without undue delay and that delays not attributable to the detainee cannot, in and of themselves, justify the continuation of their detention.
“Given that the reports from the competent authorities regarding their actions are vague and imprecise, without it being demonstrated with certainty that they are acting with due diligence and without any prospect of the Applicant’s deportation being foreseeable, I find that the total duration of his detention renders it unlawful,” the Supreme Court noted.
Consequently, it ruled that the petition for a writ of habeas corpus is well-founded and justified, and ordered the immediate release of the petitioner.
Source: CNA
