**Appeal Court Rules Delay in Child's Citizenship Application Unlawful**
In a significant ruling, the administrative court of appeal in Cyprus has determined that the authorities acted unlawfully by failing to resolve a citizenship application for the child of a Cypriot citizen over an extended period. The court emphasized the obligation of public authorities to examine and respond to citizenship requests within a reasonable timeframe, even when the final decision requires discretionary powers.
The unanimous judgment, dated July 17 and made public on Wednesday, addressed an appeal brought forth by a Cypriot mother who submitted her child's citizenship application in 2016 under the Civil Registry Law. The appeal was necessitated by the absence of any decision on the application, which remained unresolved for several years.
Initially, the administrative court dismissed the mother’s recourse, arguing that the application had not been submitted to the appropriate authority—the council of ministers—but rather to the Civil Registry and Migration Department. The court found that the council of ministers had discretionary powers regarding citizenship applications, leading to the conclusion that there was no failure to perform a legally required act.
However, the administrative court of appeal disagreed with this assessment. The judges clarified that the core issue was not whether the citizenship application should be granted, but rather whether the administration had met its responsibility to examine the request and provide a decision. They noted that the mother was not seeking judicial approval of the application but merely a response to her request concerning an executive administrative action.
The court referenced Article 29 of the Constitution and the General Principles of Administrative Law, which mandate that public authorities must address applications and render decisions within a reasonable period. The judges highlighted the excessive delay in this case, pointing out that the mother had not received any response to her application from 2016 until at least 2022, when the first-instance judgment was issued. This prolonged inaction was characterized by the court as “an obvious failure” of the administration to fulfill its legal obligations.
Furthermore, the court supported the mother’s argument that even if the application had initially been directed to the wrong administrative body, the authorities were still legally required to forward it to the appropriate entity and inform the applicant of the status of her request.
In allowing the appeal, the administrative court of appeal set aside the previous judgment and declared the administration’s failure to respond within a reasonable timeframe as unlawful. The court ruled that the necessary administrative action should have been undertaken and awarded the appellant €3,000 in legal costs.
This ruling underscores the importance of timely responses from public authorities in administrative matters, particularly in cases involving citizenship, which can have significant implications for individuals and families. The decision also reinforces the legal framework that mandates public authorities to act within a reasonable period, ensuring that citizens receive fair treatment in their dealings with the state.