The Supreme Court of Cyprus has ruled to immediately release a Sri Lankan man from detention, highlighting the alleged risk of torture he faces if returned to his home country.
The court issued a habeas corpus order after rejecting a decision to keep him in custody, agreeing with the asylum service that he should not be deported to Sri Lanka due to the danger of inhumane treatment.
The case, as detailed in the supreme court’s decision, dates back to 2017, when the man applied for a renewal of his residence and work permit in Cyprus, which was granted. However, his asylum application, filed in February 2018, was rejected by the asylum service in 2020.
In May 2020, the man appealed the decision in the administrative court of international protection, but the appeal was dismissed later that year. A second asylum application was also rejected in January 2023, and a further appeal was denied in March 2023.
On 5 January 2024, when the man attempted to cross from the occupied areas of Cyprus into the republic, he was found to be living illegally in the country. He was arrested and placed in detention at the Menogeia detention centre for illegal immigrants.
During his detention, the man made it clear that he did not wish to return to Sri Lanka, but on 6 January 2024, detention and deportation orders were issued. However, due to his refusal to comply with the previous decision ordering him to return to Sri Lanka, the authorities determined that keeping him in detention was the only option.
On 15 January 2024, the man submitted a new asylum application. Then, on 22 February 2024, the authorities issued another detention and deportation order.
In August last year, the man’s asylum application was once again rejected, but the authorities acknowledged that returning him to Sri Lanka would place him at risk of torture.
The asylum service advised against deporting him, and the man appealed this decision to the administrative court of international protection in September 2024, with the case still pending.
In his appeal, the man argued that the lower court had failed to consider important new facts, making his continued detention unlawful. He also pointed out that the court had misinterpreted the law, as the reasons for his detention no longer applied.
The supreme court’s ruling supported the asylum service’s position that deporting the man to Sri Lanka would expose him to serious risks. The court referred to the principle of habeas corpus ad subjiciendum, which allows individuals to challenge unlawful detention.
The court also noted that the man’s continued detention for almost a year was meant to facilitate his deportation. However, the authorities had indicated that deportation to Sri Lanka was not a viable option due to the risk he faced there, weakening the justification for his detention.
(Cyprus Mail)
