If you are in prison or being held by the police in detention, you can apply for asylum at the prison / detention centre / police station where you are being held.
Detention and imprisonment of asylum-seekers is not permitted for the sole reason of being an asylum-seeker. Even if you have received a rejection from the Asylum Service, you are still considered an asylum-seeker as long as you have submitted an appeal and your case is pending. You cannot be detained solely because your first asylum claim was rejected, as your legal status remains that of an asylum-seeker until a final decision is issued.
Under Cypriot law, the detention of asylum-seekers is exceptionally allowed by the law in certain cases only. Detention of asylum-seekers may only be ordered after individual assessment, and only if alternatives to detention have been exhausted. These alternatives are:
- Regular reporting to the authorities
- Release on bail / deposit of a financial guarantee
- Obligation to stay in assigned centre or place of accommodation with regular checks from the authorities
- Supervision arrangements
The Republic of Cyprus Refugee law provides that an asylum-seeker may be detained only:
(a) in order to determine or verify his or her identity or nationality;
(b) in order to gather information about the application which could not be obtained if the applicant were not detained, in particular when there is a risk of the applicant absconding
(c) in order to decide on the asylum-seeker’s right to enter the territory;
(d) in order to assess the validity of the claim being made in the application in case the asylum-seeker has already received a deportation order before applying for asylum, and that the application has not been made for international protection merely in order to delay or frustrate the enforcement of the return decision;
(e) when protection of national security or public order so requires;
(f) in case there is a decision under the Dublin Procedure to be transferred to another EU Member State, and there is a significant risk that the asylum-seeker will not comply with the procedure.
NOTE: Detention of asylum-seekers under 18 years of age is prohibited under Cypriot law.
If the Police Arrests or detains you:
- They must explain to you why you have been arrested and detained at the latest when you are taken to the police station. This information must be provided in a language you understand, and if necessary through an interpreter.
- You have the right to communicate with your lawyer, a relative, or any other person to inform them of your arrest and detention. The police must provide you with the means to do this.
- The police must inform you that you have the right to contact a lawyer, UNHCR or any non-governmental or human rights organisation. You must be given a list of lawyers.
- The Police must bring you before a Court within 24 hours from your arrest, in case you are not arrested and detained by a Deportation Order.
- You must be given a leaflet in a language that you understand explaining your rights as a person in detention. You have the right to:
- daily visits from a relative or friend for one hour;
- visits from your lawyer at any time of the day;
- receive respectable living conditions and treatment;
- medical care – report any health concerns promptly.
If you are a refugee or an asylum-seeker in detention and you are in need of assistance, you can contact UNHCR Cyprus.