House mandates judicial review for extended migrant detention

The House on Thursday passed a law mandating judicial review for cases where non-EU nationals are to be held in detention for a period exceeding six months. Up until now, non-EU nationals could be held in administrative detention for up to six months; although this period could be extended by an additional 12 months (bringing the maximum total up to 18 months) in specific circumstances, such as a lack of cooperation from the detainee or delays in obtaining necessary travel documents from third countries. The Aliens and Immigration Law – the basic law governing the entry, stay and deportation of aliens – has now been amended, so that a writ of habeas corpus must be issued in cases where a person is detained for over six months. The law had to be amended to bring it in line with an EU directive, but also with a recommendation issued by the European Commission concerning Cyprus’ obligations ahead of its integration into the Schengen zone. The amendment passed after receiving 39 votes in favour; Elam and Alma voted against. A contentious point relates to the fact that applications for a habeas corpus will be filed by the director of the Migration Department. Alma MP Michalis Paraskeva called this paradoxical, given that the official asking for the extension of a person’s detention would be the same person applying for a habeas corpus. He warned that this would lead to legal complications later on. Akel’s Aristos Damianou cited the EU directive in place, noting that EU law supersedes Cypriot law.